Confidential Information Data Breach

News & Analysis as of

Employers vicariously liable for data breaches caused by rogue employees

The High Court recently held that employers can be vicariously liable for data breaches caused by rogue employees. The decision highlights the importance to businesses of ensuring that data protection compliance requirements...more

The Proof Is in the Password!

Consider this scenario: A young couple entrusts you, an experienced real estate attorney, to assist them in the purchase of their first home. Days before closing, your unsecured email account gets hacked and your client...more

Panama Papers Scandal Puts Third Party Risk in Focus

The Panama Papers scandal should serve as a wake-up call for every organization—and it should prompt compliance officers to closely scrutinize the third party vendors they do business with. ...more

Business Litigation Alert: "Law Firms Victim to Data Breaches"

Recently, reports surfaced that multiple law firms have fallen victim to data breaches, prompting class action litigation against the firms for exposing their clients' information. Law firms house a great deal of highly...more

From Ashley Madison to the Panama Papers: Is Hacked Data Fair Game?

We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more

Privacy Tip #30 – Protect yourself and your co-workers: please don’t sell your company credentials

I am on a lot of privacy and security list-serves and keep up with surveys relating to data privacy and security. I was most distressed this week to download SailPoint’s 2016 Market Pulse Survey. Not that it isn’t well...more

Preventing Unauthorized Access to and Disclosure of Confidential Employee Information

Inherent in all employment relationships is the fact that employers are privy to all sorts of confidential information about their employees. For example, in order to do something as simple as paying an employee’s wages, an...more

Fourth Circuit Finds Insurer Must Defend Data Breach Claims Against Its Insured Under Its Standard CGL Policy

Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy....more

Privacy Tip #26 – Get in compliance with state data security laws—this week: CT

We previously reported that several states, including Connecticut and Rhode Island, have adopted data security requirements, similar to the Commonwealth of Massachusetts’ data security regulations that have been in effect...more

Top 10 Ways to Protect Your Company’s Data

You know how important data is to your business and you have been hearing about data breaches for more than a decade, but where do you find a simple, straightforward summary of how to protect your company? That is a question...more

Top Considerations When Building BYOD Policies

In a recent article, my Kroll Ontrack colleague Vikas Pall wrote about the growing concerns over bring your own device (BYOD) policies. Today’s employees integrate their personal and professional lives, and the use of...more

Baseball Executive Caught Stealing, Pleads Guilty To Violation Of Computer Fraud And Abuse Act

A scandal in America's Pastime has culminated with a baseball executive, Christopher Correa, pleading guilty on January 8, 2016 to violating the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, et seq. The guilty plea...more

Former Cardinals Scouting Director pleads guilty to hacking the Astros’ database

Last Friday, Chris Correa, the former scouting director of the St. Louis Cardinals, pleaded guilty in federal court in Texas for unlawfully accessing the Houston Astros’ database, which included scouting and draft...more

Former Morgan Stanley financial advisor sentenced

Just before Christmas, a New York federal judge sentenced Galen Marsh, the former Morgan Stanley financial advisor who downloaded client data to his home computer without permission, to three years of probation. He pled...more

Three Trending Topics in IoT: Privacy, Security, and Fog Computing

Cisco has estimated that there will be 50 billion Internet of Things (IoT) devices connected to the Internet by the year 2020. IoT has been a buzzword over the past couple of years. However, the buzz surrounding IoT in the...more

Data-Security Assessments? You’re Going to Want a Lawyer for That

These days, data breaches and cybersecurity attacks abound. With each news cycle, we’re confronted with stories about yet another big breach, at another big company, with the potential exposure of another big pool of...more

DOJ Disables Malware Designed for Bank-Theft; Unseals Indictment Against Botnet Administrator

On October 13, the DOJ unsealed an indictment against a Moldovan citizen for his alleged involvement in a criminal conspiracy to steal confidential financial information by distributing malware software through phishing...more

SEC brings first cybersecurity-related enforcement action

The Securities and Exchange Commission (“SEC”) recently settled its first cybersecurity-related enforcement action against a Missouri based registered investment adviser, R.T. Jones Capital Equities Management, Inc. (the ...more

Project CAMERASHY Details Cyberespionage By China’s Military

In a story reminiscent of a Tom Clancy plot, the Wall Street Journal reported last Thursday on “meticulously documented” cyberespionage conducted by China’s People’s Liberation Army (“PLA”) Unit 78020 to further strategic...more

US-China Cyber Deal Big on Promises, Short on Action

In the aftermath of recent cyberattacks attributed to China’s government and citizens, many observers prepared for a rather uncomfortable state visit by Chinese President Xi Jinping last week. Then, as President Xi began his...more

Investment Adviser Settles SEC Charges After Data Breach

Last week, the Securities and Exchange Commission (SEC) settled charges against a registered investment adviser for failing to comply with Rule 30(a) of Regulation S-P (17 C.F.R. § 248.30(a)) (“Safeguards Rule”). The...more

TN Ethics Opinion Approves Lawyers’ Cloud Storage of Client Data

Tennessee has joined other states in formally approving lawyers’ cloud-storage of client-confidential data. The Board of Professional Responsibility (“BOPR”) held that lawyers ethically may use cloud storage for...more

Recent Enforcement Shows the Importance of Encrypting Mobile Devices Containing Protected Health Information

With headlines every day announcing another release of Protected Health Information (PHI), providers are asking themselves – is there a way to protect against these breaches? Beyond improving the security of large...more

Throwback Thursday: Why Trade Secret Theft Isn’t Just a Digital Problem And What Businesses Can Do About It

With stories of cyberattacks and data breaches on a seemingly endless loop, businesses and governments have been doubling down on their efforts to protect digital information and assets.  But, in some industries, the greatest...more

Rocky Road Ahead for Ashley Madison after Widespread Damage Arising from Disclosure of Personal Information

Ashley Madison, the self-described “world's leading married dating service for discreet encounters” is the latest high-profile social media website to sustain a cyberattack. Established to provide an opportunity for married...more

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