Cyber Attacks Data Protection

News & Analysis as of

With the IRS breach, it’s clear your data is at risk

The Internal Revenue Service (IRS) released on Tuesday, May 26, 2015, news of a major data breach, estimated to have affected 100,000 U.S. households’ tax returns. The data was wrongfully obtained from an IRS application...more

IRS Data Breach Results in Thousands of Fraudulent Tax Returns

On Tuesday, May 26th, 2015, the IRS disclosed that a data breach of its online Get Transcript application occurred when sophisticated hackers attempted to access over 200,000 personal tax accounts. More importantly, however,...more

Healthcare Organizations not Immune from Criminal Attacks on Sensitive Information

This month, the Ponemon Institute released its Fifth Annual Benchmark Study on Privacy & Security of Healthcare Data and its findings are generating a good deal of attention. In the past, the Study has found that most data...more

Will Your Cyber Insurance Respond When You Need It Most?

On May 7, Columbia Casualty Company, an insurance company, filed one of the first lawsuits by an insurer seeking to deny coverage for a privacy class action under a cyber insurance policy. Why is this significant? As the...more

Cybersecurity Oversight: What is a Board of Directors to Do?

Cybersecurity and the risks of data breaches figured prominently at the 35th Annual Ray Garrett Corporate and Securities Law Institute held April 30, 2015, at Northwestern Law School in Chicago. Participating in a panel...more

New Study Finds That Criminal Attacks Are The Number One Cause Of Health Sector Data Breaches

On May 7, 2015, the Ponemon Institute released its Fifth Annual Benchmark Study on Privacy & Security of Healthcare Data (the “Study”), which surveyed 90 HIPAA covered entities and 88 business associates regarding their...more

Privacy Monday – May 18, 2015

It’s Monday morning — do you know your privacy/security status? Here are a few bits and bytes to start your week. SEC to Registered Investment Advisers and Broker-Dealers: It’s Your Turn to Pay Attention to...more

Patriot Act Reauthorization Debate Delays Cybersecurity Legislation

In This Issue: - Industry Liability Protections and Standards - Legislative Timeframe - Additional Notification Bill Expected - Conclusion - For More Information - Excerpt from Industry...more

United States Department of Justice Announces “Best Practices” for Addressing Cyber Attacks

In light of the growing concern over cybersecurity, the United Stated Department of Justice (“DOJ”) issued guidance last week on how to prepare for and respond to cyber attacks. Taking lessons learned by federal prosecutors...more

[Event] March Madness: Cyber Liability & Mitigating Risk - Mar. 19, San Diego, CA

The stakes are getting higher regarding cybersecurity. However, there are several steps organizations can take to protect against cybersecurity data breaches. Further, taking these steps can protect companies in the context...more

Anthem Data Breach Requires Plan Sponsor Attention

On January 29, 2015, Anthem Inc., one of the largest managed health care companies in the country, disclosed that the sensitive personal data of almost 80 million current and former participants in its network was breached in...more

BSA Releases European Union Cybersecurity Dashboard

On March 3, BSA/The Software Alliance, a software industry advocacy group, released the EU Cybersecurity Dashboard: A Path to a Secure European Cyberspace (the “EU Dashboard”), an analysis of data security laws and policies...more

Advertising Law - March 2015 #2

New DAA App Brings Choice to Mobile - Bringing consumer choice to mobile applications, the Digital Advertising Alliance released “AppChoices,” a free app that will allow consumers to opt out of tracking on mobile...more

Federal Court Decision Demonstrates Ongoing Challenges Faced by Plaintiffs in Data Breach Litigation

On February 11, 2015, the U.S. District Court for the Southern District of Texas dismissed a class action complaint against the St. Joseph Health System arising out of a data security breach that occurred after hackers...more

Solving the Legal Challenges of Trustworthy Online Identity

In this age of phishing, hacking, identity fraud, and other forms of cybercrime, answering two simple questions – “Who are you?” and “How can you prove it?” – is fast becoming a critical requirement for online business...more

FINRA Issues its Cybersecurity Report, Providing Tools and Encouragement to Broker-Dealers

FINRA recently issued a Report on Cybersecurity Practices (“Report”), growing out of its targeted examination of firms last year. To issue the Report, FINRA gave careful consideration to the needs of many broker-dealers for...more

Standing in Data Breach Cases – Still a Moving Target

Where do we stand on standing in data breach cases? It depends on which court you ask. In December 2014, two courts considered whether plaintiffs alleged sufficient injury in their complaints involving well-known data...more

UDRP Panel Tells Snapchat to Check Itself Regarding Snapchatcheck.com

By now you’ve probably heard of Snapchat. But if you are not among its growing core base of users between 13 and 23 years of age (probably a good deal younger than you, constant reader) there’s a good chance you are not a...more

Senators Trying to Hit the Brakes on Smart Cars, Citing Privacy and Security Concerns

On February 11, Sens. Ed Markey (D-Mass.) and Richard Blumenthal (D-Conn.) announced that they would introduce legislation intended to address the data privacy and security vulnerabilities with Internet-connected cars. The...more

A Few Takeaways from the OCIE Cybersecurity Examination Sweep Summary

On February 3, 2015, the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) released a Risk Alert (the “2015 Risk Alert”) with summary observations from its recently...more

FINRA Issues Cybersecurity Practices Report And Investor Guidance

On February 3, the Financial Industry Regulatory Authority (“FINRA”) issued two publications concerning cybersecurity risks at financial firms. The Report on Cybersecurity Practices presents the results of FINRA’s 2014...more

Preparing for a Data Breach – What to Know about Breach Notification

Data breaches are at the forefront of the news, and many companies, including those dominant in the health care industry, have found themselves front and center in the headlines. Although recent news stories have focused...more

From Carjacking to Carhacking – Lessons for the Internet of Things

The Internet of Things (IoT) is coming and perhaps the first place we will see the proverbial rubber hit the road is with something near and dear to Americans – our cars. The ever increasing connectivity of cars is creating a...more

How Recent Data Breaches are Changing the Face of Cybersecurity for the Private Sector

If "The Year of the Breach" and the rapid start to data breaches in 2015 have taught us anything, it is that any company is susceptible to a cyber attack; and, while data breaches are not a new concept, the way the private...more

White House Summit on Cybersecurity and Consumer Protection

Many of the nation's leading cyber, data and privacy experts convened Friday at a White House Summit at Stanford University to discuss ways to improve our nation's cybersecurity. During the summit, President Obama signed an...more

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