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School Districts and Charter Schools Must Address Student Data Privacy Concerns in Contracts

In working with school districts and charter schools, our firm has learned that many clients may have entered into agreements that lack key contract terms necessary to protect student data privacy. In other cases, we have...more

Cybersecurity and the Aviation Sector: Recent Incidents Highlight Unique Risks

Given the range of threats and the catastrophic impact an attack could have on an airline, strategizing to reduce the risk of breaches and implementing plans to deal with them once they occur should be prioritized at board...more

A Guide for Insurers on Creating and Maintaining a Cybersecurity Plan

The intersection of valuable and personally identifiable digitized information and the increasing incidence of cybersecurity breaches makes the creation and maintenance of a cybersecurity plan one of the most pressing...more

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a...

The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more

Federal Trade Commission Joins with Industry Experts to Provide Start-Ups and Developers with Practical Advice at “Start with...

The FTC has a history of offering practical advice to organizations and consumers to protect against security threats and related concerns, and is continuing this practice with the upcoming – and very first – “Start with...more

NIST Guide Highlights Cybersecurity Considerations for Utilities and Manufacturing Companies

In 2013 alone, the U.S. Department of Homeland Security (DHS) and its Industrial Control Systems Cyber Emergency Response Team (ICS-CERT) responded to more than 256 cyber-incident reports—more than half of them in the energy...more

Shareholders sue mobile security firm for failing to disclose hacking incident before IPO

MobileIron, Inc. was sued late last week by shareholders in a proposed class action for allegedly failing to disclose a hacking incident just weeks before its initial public offering (IPO). The suit, filed on behalf of...more

Credit Card Fraud Liability Shift Looms for Retail Industry

On October 1, 2015, a substantial portion of the liability associated with in-store fraudulent credit card purchases will shift from credit card issuers, such as banks or credit unions, to retail merchants. Credit card...more

Breaking News: Target to Settle Data Breach Claims of Visa Card Issuers for $67 Million

Target has announced that it has entered into a settlement with Visa to resolve claims of issuers of Visa credit and debit cards arising from Target’s November 2013 data breach. The proposed settlement will pay issuers of...more

International Hacking and Insider Trading Scheme Exposes Cybersecurity Vulnerabilities at Third-Party Vendors

On August 11, 2015, the SEC announced that it was bringing fraud charges against 32 defendants for their alleged participation in a five-year, international hacking and insider trading scheme. According to the SEC, two...more

A Firewall for the Boardroom: Best Practices to Insulate Directors and Officers From Derivative Lawsuits and Related Regulatory...

Shortly after the massive 2013 Target data breach, shareholders filed four derivative lawsuits against the company’s directors and some of its officers (13 CARE 624, 3/20/15). The shareholders alleged that the defendants had...more

The Justice Department Has Some Things to Tell You about Cybersecurity

In April the Justice Department’s Computer Crime and Intellectual Property Section issued its Best Practices for Victim Response and Reporting of Cyber Incidents. It is an excellent guide for a business organization to...more

Fred’s Inc. discloses data breach to SEC

In its most recent filing with the Securities and Exchange Commission (SEC), Fred’s Inc. disclosed this week that a security firm found malware in its system that was designed to lift customer credit card information....more

Cybersecurity for Startups Now a Cost of Entry for Consideration by Larger Clients: What is Your Company's Plan?

For technology startups, maintaining strong security controls remains vital to winning new business opportunities and strengthening existing relationships. Despite the global spike in cybersecurity attacks (there were 42.8...more

Transferring Customer Data in an Asset Sale

Be careful what you’ve promised your customers…or what has been promised about data you buy! In today’s world, consumer data is a huge asset for companies across all industries, in particular those in...more

The Top Six Things You Need to Know About the Internet of Things: A Legal Perspective

IoT is discussed in the media more and more frequently. It has important social, economic and legal implications, most of which are yet to be fully understood. The following sets out a brief list of things you should...more

Enforcement of South Africa’s stringent Data Protection Law on the way

South Africa’s Protection of Personal Information Act 4 of 2013 (POPI) became an Act of Parliament in 2013 and imposes strict requirements on companies for protecting and processing personal information. Yet, full...more

Checking in on Target’s Derivative Litigation: 18 Months Later, Directors Remain Stuck in the Checkout Line

Everyone remembers the Target Corporation data breach, one of the worst in history. In late 2013, hackers forced their way into Target’s computer system, accessing the information of approximately 70 million customers,...more

Have You Thought About Your Online Terms of Use Recently?

Nearly every website, app or online service posts a set of Terms of Use outlining company policies for users (sometimes called Terms of Service) (“Terms”), but many companies do not know if their Terms are enforceable in...more

Cheatin’ Ain’t Easy: Potential Theories of Liability Emerge for Online Cheating Website Ashley Madison

Ashley Madison, a dating website specifically geared towards married individuals looking to have an affair, recently found out it was the victim of cyber hackers who claim to have stolen personal information, including names...more

Doing Business With the State of Connecticut: A Guide to Data Privacy and Security Requirements

Doing business with Connecticut’s state government requires individuals, businesses and other entities to comply with numerous legal, regulatory and contractual requirements. Among these obligations are some of the nation’s...more

Cyber-Attacks Against Government Contractors and the Availability of Insurance Coverage

Based on recent cyber-attacks against the United States Office of Personnel Management (OPM) and its subcontractors, USIS and KeyPoint Government Solutions, it is evident that government entities and government contractors...more

Five Tips for Success in Cyber Insurance Litigation

Many insurance coverage disputes can be, should be, and are settled without the need for litigation and its attendant costs and distractions. However, some disputes cannot be settled, and organizations are compelled to resort...more

Nevada, Washington and North Dakota Expand Data Breach Definition and Notice Requirements

Continuing the trend of states expanding their data privacy laws, companies that store and transmit personal information about residents of Nevada, Washington and North Dakota must now take note of additional data-element...more

The Internet of Things and the Inevitable Collision with Products Liability PART 3: Initial Contact

This is the third in a series of blogs examining the rapid development of the Internet of Things (IoT) and its consequential impact on product liability risk. The development of the IoT has been so rapid and the applications...more

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