News & Analysis as of

Did Sony Let the Terrorists Win?

Unless you’ve been living under a rock recently, you’ve probably heard about the hoopla caused by the new Seth Rogen and James Franco movie called the interview. The movie follows a plot to assassinate North Korean dictator...more

Cybersecurity Monday: Who Is Shopping for Your Data?

At this time of year, everyone is shopping for a good bargain. And with “Cyber Monday,” the internet has become the place to go for the best deals. The shift to online and cloud-based information systems and data storage has...more

Privacy Tuesday - November 2014 #2

Here are three privacy stories to start your week - 1. Dear “financial institution” : how is your data security?! Senator Elizabeth Warren (D-Mass) announced (press release) that on November 18 the Senator...more

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more

Boards Should Put Time and Resources into Cybersecurity Issues – It Is Good for Business and Works as a Defense Strategy

We have previously blogged about Commissioner Aguilar’s recommendations at a NYSE conference, “Cyber Risks and the Boardroom” on what boards of directors should do to ensure that their companies are appropriately considering...more

Investment Management Update - Focus on Data Privacy and Cybersecurity [Video]

Pepper partners Gregory J. Nowak and Angelo A. Stio III discussed data privacy and cybersecurity issues for investment funds during a recent webinar for West LegalEdcenter. This podcast is a recording of their...more

Consequences of a Data Breach: Lessons from Wyndham Worldwide

On October 20, 2014, Wyndham Worldwide Corporation won dismissal of a shareholder derivative suit seeking damages arising out of three data breaches that occurred between 2008 and 2010. Dennis Palkon, et al. v. Stephen P....more

Are you Really Protected? The Proliferation of Data Breaches Highlight the Increasing Role Cyber Insurance will Play

Every day seems to bring a new story about a significant data breach. Just within the last few weeks we have learned of the following cyber attacks... ...more

Does Your Cyber Risk Policy Protect You In the Event of an Insider Attack or Data Breach?

Protecting a company against data breaches requires not only measures to prevent the adverse cyber event, but also adequate insurance to minimize the financial impact should such an event occur. Unlike traditional lines of...more

Health Care E-Note - September 2014

In This Issue: - Doctors, Insurers Critical of Medicare Physician Fee Schedule - Health Spending Expected to Increase Modestly Over Next Decade - U.S. Hospitals Have Highest Administrative Costs...more

Cyber Voluntary Payment Defense Thwarted by Bank Fraud Regulation

Financial institutions are one of the entities most threatened by cyber crisis events. As data breaches and cyber threats become more inventive, the risks to financial institutions and their clients continue to grow. However,...more

Privacy & Cybersecurity Update - September 2014

In This Issue: - Home Depot Data Breach — Lawsuits, Calls to Action and Lessons Learned - Skadden Participates in FBI Cyber-Intelligence Workshop - FTC Explores Impact of ‘Big Data’ on American...more

By “Any Manner” Of Means: Securing Cyber-Crime Coverage After Zurich v. Sony

Much has been written about the New York Supreme Court’s landmark ruling in Zurich American Insurance Co. v. Sony Corp., Index. No. 651982/2011 (N.Y. Supr. Ct. Feb. 21, 2014), in which a New York trial court denied coverage...more

Target Files Motion to Dismiss Data Breach Lawsuit

By now, we all know about the massive data breach at national retailer Target over the 2013 holiday season. The cyber-attack was carried out by sophisticated criminal hackers, who allegedly gained access to Target’s network...more

Massive Online Security Breach – Are You Reactive or Proactive?

A few weeks ago, a Russian cyber gang amassed around 1.2 billion user name and password credentials belonging to more than 500 million email addresses. This may be to date the largest cache of stolen data. The cyber gang...more

Weighing in – 1.2 Billion Usernames and Passwords. What, Me Worry About CyberSecurity?

Last month one of our lead articles was Cyber Security: Forewarned is Fair-Warned. Last week the New York Times published an article reporting that at least 1.2 billion usernames and passwords were hacked by a Russian...more

Massive Data Breach Affects 4.5 Million Patients in 29 States

Community Health Systems, Inc. (the “Company”), one of the largest hospital organizations in the country, announced via a public filing (Form 8K) made yesterday with the Securities and Exchange Commission (“Report”) that the...more

Hospital Operator Reports 4.5 Million Patients’ Data Stolen in Cyberattack

The Tennessee-based acute-care hospital chain Community Health Systems, Inc. (CHS), reported on August 18 that information on approximately 4.5 million patients was stolen from the company. CHS is one of the largest hospital...more

Community Health Systems' HIPAA Breach: Significant Lessons for Health Care and Non-Health Care Companies

On August 18, 2014, Community Health Systems, Inc. (CHS) publicly confirmed, in a filing with the Securities and Exchange Commission (CHS filing), that its computer network was attacked between April and June 2014 by hackers...more

Chinese Hackers Infiltrate Health System Network – Information of 4.5 Million Individuals Stolen

Community Health Systems, Inc. (“CHS”) reported yesterday that the information of approximately 4.5 million individuals has been affected by a Chinese cyber-attack. CHS and its affiliates own and operate 206 hospitals in 29...more

The Inevitable Cyber Break In: Are You Protected?

The prevalence of cyber data breach over the years has not only grown in number, but has also grown in size. Perhaps the most well-known example of a large-scale data breach is that suffered by Target Corp. occurring at the...more

Russian Crime Ring Possesses Mass Quantities of Stolen Online Information

With recent reports that a Russian crime ring may have stolen the largest collection of online data — including 1.2 billion username and password combinations—effective data security is more critical than ever for all...more

What Companies Can Do to Protect Themselves in the Face of Yet Another Massive Data Breach

Last week it was reported that a small group of Russian computer hackers illegally obtained an unprecedented quantity of internet credentials, including 1.2 billion username and password combinations, and over 500 million...more

How Are You Affected By The Recent Massive Data Breach?

As you have probably seen, it was announced on Tuesday, August 5th, that usernames and passwords from 1.2 billion Internet accounts from over 420,000 websites were stolen by a criminal organization in Russia. According to...more

Cyber and Data Security and Privacy Liability: The Problem Isn’t Going Away. Get Out in Front of the Problem By Insuring Your...

On August 6, 2014, the New York Times – and other media outlets – reported that a Russian crime ring had amassed the largest known collection of stolen Internet data – a cache of at least 1.2 billion user name and password...more

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