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New York Regulations Heighten Need for Due Diligence and Cyber Insurance Coverage

Cybersecurity rules from the New York Department of Financial Services (DFS) went into effect on March 1 and now banks and insurers are faced with an increasing level of potential legal exposure for data breaches. This...more

Subject Access Requests: "not an obligation to leave no stone unturned"

The English Court of Appeal has ruled in two recent cases that subject access requests are generally valid, and businesses must comply with such requests, even if they are made for collateral purposes, such as collecting...more

Companies May Soon Have a New Defense Against Cyber-Attacks

The Active Cyber Defense Certainty Act is a new bill that is gaining positive bipartisan support and significant interest from business communities, lawmakers and academics. The proposed bill amends the Computer Fraud and...more

Home Depot Settles with Financial Institutions

A federal judge has preliminarily approved a proposed settlement of $25 million between Home Depot and financial institutions that issued payment cards that were affected by the Home Depot data breach in 2014. This proposed...more

Wendy’s Executives and Board File Motion to Dismiss

We previously reported that Wendy’s was hit with a putative class action shareholders’ derivative suit in December following its data breach in 2016. Late last week, the executives and Board of Wendy’s filed a Motion to...more

German Corporate Law Update: Important Changes in Acquisitions and Investments

For companies interested in investing in, purchasing or selling German companies, here are several recent developments related to Data Privacy and Cybersecurity, M&A, Employment and Tax law that are helpful to keep in mind....more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – March 2017

Spanish Ministry of Justice Launches Public Consultation on GDPR. On February 7, 2017, the Spanish Ministry of Justice launched a public consultation as a preliminary step before drafting a new bill implementing the General...more

Privilege Waiver: Is Your File-Sharing Site a Public Park Bench?

While courts and the Federal Rules of Evidence take an increasingly pragmatic approach to the question of when inadvertent disclosure of privileged information results in waiver, a recent federal magistrate’s ruling serves as...more

German Corporate Newsletter - March 2017

For companies interested in investing in, purchasing or selling German companies, here are several recent developments related to Data Privacy and Cybersecurity, M&A, Employment and Tax law that are helpful to keep in mind....more

The Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends

This is the second story that I’ve covered in the past several months where cybersecurity concerns impacted merger and acquisitions. See below for more on the first one… After Verizon Communications took a $350...more

Automated Vehicles Will Revolutionize the Automotive Industry

A renaissance of epic proportion is quietly underway in the United States, where 4,000-pound objects will soon be motoring alongside us on freeways, through intersections, crosswalks, and school zones without a driver. Ground...more

First Delivery Drones; Now Floating Warehouses

Amazon continues its claims to further innovation in the on-demand delivery space. Its latest patent attempts to give a “lift” to that quest. The USPTO very recently awarded Amazon a patent for giant warehouse blimps that...more

Home Depot Settles with Financial Institutions for Over $25 Million in Data Breach Case

New filings in the consolidated Home Depot data breach litigation, which we have previously covered on this blog, indicate that Home Depot and the remaining financial institution plaintiffs have reached a...more

“W-2 Phishing Attacks Targeting Businesses to Cash in on Busy Tax Season: 10 Tips to Protect Your Business”

Cyber criminals are taking advantage of tax season to lure valuable W-2 information from vulnerable businesses. An example of a common phishing scheme starts with a scammer posing as a legitimate employee of a company,...more

Eight Keys to Securing Portable Devices

Securing physical worksites and workspaces is by now old hat. We all know file cabinets should be locked, worksites secured and personal access to information monitored. Securing portable devices, however, often receives less...more

Three Major Security Issues to Consider with SaaS and Cloud Solutions

Small and medium-sized businesses are turning to software as a service (SaaS) solutions for their IT needs more and more frequently. SaaS solutions can provide end-users with quicker, cheaper access to software that they...more

Verifone Investigating Breach of its Internal Corporate Network

Verifone, the largest maker of credit card point of sale terminals in the U.S., which assists various industries, including retailers, with credit and debit card swipe and process services, has affirmed that it is...more

Data Breach Involving CloudPets “Smart” Toys Raises Internet-of-Things Security Concerns

On February 27, 2017, news reports disclosed a major security breach involving Spiral Toys, the seller of the CloudPets brand of internet-connected stuffed animals. The Bluetooth-connected CloudPets toys allow users to...more

The Top Six Takeaways from Auto-ISAC's and NHTSA’s Cybersecurity Best Practices

As cars continue to rely more and more on systems that closely resemble those that run mobile phones and personal computers, it’s no surprise that the original equipment manufacturers (OEMs) and suppliers of car parts need to...more

New Cybersecurity Requirements for New York Financial Companies

The New York Department of Financial Services has new cybersecurity regulations “designed to promote the protection of customer information as well as the information technology systems of regulated entities [financial...more

The 2017 Carlton Fields Class Action Survey

The 2017 Carlton Fields Class Action Survey has just been released, and the findings reveal some unexpected trends in class action litigation, based on insights provided by 387 general counsels and chief legal officers at...more

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Arby’s Hit with Multiple Class Action Suits over Data Breach

Arby’s has announced that its point-of-sale system had been compromised by intruders over a four month period between October of 2016 and January of 2017, exposing the credit and debit card information of 355,000 customers....more

New York Department of Financial Services Finalizes Cybersecurity Proposal

On February 16, 2017, the New York Department of Financial Services (the “DFS”) released a final version (the “Final Regulation”) of its proposed regulation, previously released in an earlier revised form on December 28,...more

New York State Releases Final “First-In-Nation” Cybersecurity Rules

The New York Department of Financial Services (“DFS”) recently released the much-anticipated final version of its “first-in-nation” cybersecurity rules that it first announced in the fall of last year. The rules require a...more

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Cybersecurity

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