Cyber Attacks Data Security

News & Analysis as of

Connected and Autonomous Vehicles - Moving Forward in High Gear

This is my second and final installment in reporting on the Center for Automotive Research (CAR)’s 50th annual “Management Briefing Seminars” conference held earlier this month in Traverse City, Michigan....more

Third Circuit affirms FTC’s jurisdiction over security practices in Wyndham case

In a strongly worded opinion, the Third Circuit Court of Appeals on Monday slammed Wyndham Worldwide Corporation’s arguments that the FTC did not have jurisdiction to enforce the security practices of businesses following a...more

3rd Circuit Says: FTC Can Take Action Against Companies That Suffer Data Security Breaches

Companies can be fined by the federal government for failing to properly safeguard consumer data, according to a decision this week by Pennsylvania's federal appellate court....more

Defense Department Issues Interim Rule Requiring Contractor and Subcontractor Reporting of Cyber Incidents

On August 26, 2015, the Department of Defense (DoD) published a long-awaited Interim Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require “rapid” reporting of “cyber incidents” that result in...more

Third Circuit Not Hospitable to Wyndham, Upholds FTC’s Broad Powers to Regulate Cybersecurity

Over one year ago, our colleague Chris Hart argued that the District of New Jersey court’s decision in FTC v. Wyndham Worldwide Corp. et. al., No. 13-1887-ES, “point[ed] to the possibility that the FTC has potentially broad...more

The IRS Acknowledges Data Breach Worse Than Reported

On August 17, 2015, the Internal Revenue Service (“IRS”) announced that a breach of U.S. taxpayers’ personal information, first disclosed in May, was three times worse than previously thought. While initial reports indicated...more

Legal Insights on the Ashley Madison Hack: Part II

As more names emerge from the dark web data dump of Ashley Madison customers, lawyers around the globe have found a very willing group of would-be plaintiffs. Interestingly, all of these plaintiffs are named “Doe,” which must...more

Data Security Issues in the Workplace: It’s 10:00 p.m. – Do You Know Where Your Company’s Data Is?

It seems that not a day goes by without another massive data breach incident providing fodder for the morning headlines or the evening news. That should come as no surprise. According to key studies, the average company...more

Third Circuit Affirms FTC Authority to Police Whether Companies Have Reasonable Data Security

Since at least 2005, the Federal Trade Commission has asserted that it may regulate lax data security practices as an “unfair” business practice under Section 5 of the FTC Act. The Wyndham hotel chain was the first to...more

Third Circuit to Wyndham (Part I): It's "Fair" that FTC Did Not Articulate Specific Cybersecurity Standards in Enforcement Action...

On Monday, the Third Circuit issued a highly anticipated opinion affirming the Federal Trade Commission's authority to regulate "unfair" cybersecurity practices under Section 5 of the FTC Act. In allowing the data breach...more

Legal Insights on the Ashley Madison Hack: Part I

Internet commenters and legal analysts alike are buzzing about the Ashley Madison hack. The website -- which billed itself as a networking site for anyone who wanted to discretely arrange an extramarital affair -- has already...more

UPDATE: Third Circuit Affirms FTC’s Data Security Authority in Wyndham

The U.S. Court of Appeals for the Third Circuit released its much-anticipated ruling in Federal Trade Commission v. Wyndham Worldwide Corp. on August 24, 2015, unanimously upholding the FTC’s authority to regulate companies’...more

New Guidance for Financial Institution Directors and Officers In Cybersecurity Preparedness

Earlier this summer, the Federal Financial Institutions Examination Council (FFIEC) released its highly anticipated Cybersecurity Assessment Tool (Assessment), which is designed to assist financial institutions in identifying...more

Target Reaches $67 Million Settlement with Visa over Data Breach Claims

More than a year-and-a-half after Target’s December 2013 announcement of a massive data breach, the retailer has reached an agreement with Visa, whereby it will reimburse Visa and certain affected card issuers up to $67...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

Web.com Suffers Data Breach Affecting 93,000 Customers

The list of companies hit by cyber-attacks continues to grow.  This time, Florida-based web hosting company, Web.com, has announced that it suffered a data breach that may have compromised credit card information and other...more

Protecting financial institutions in cyberspace—U.S. financial regulators come up with a new tool kit to stem cyberthreats

The Federal Financial Institutions Examination Council (FFIEC) has recently developed a new tool to help U.S. financial institutions combat the increasing volume and sophistication of cyber attacks. To blunt threats to a...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

Target and Visa reach $67M settlement

Visa, Inc. announced on August 18th that it has reached a settlement with Target for $67 million to reimburse Visa for costs associated with the Target data breach in late 2013, including issuing millions of new cards to...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. House District 19 Special Election - On November 3, 2015 the citizens of Sanford can take...more

Mobile Health Devices and Cybersecurity: Federal Guidance for Management of Threats in Medical Devices

New Technology = New Threats - With new technology comes new security concerns. But when that new technology is in the medical field, the cybersecurity vulnerabilities can be particularly devastating. The...more

Ashley Madison’s Impact on New Jersey Divorce

Names, email addresses, credit card information, billing addresses and more for over 36,000,000 registered users have been released on the internet by the Ashley Madison Hackers. While many of the registered accounts may...more

Seventh Circuit rules hospital system is not a Consumer Reporting Agency under FCRA

Is a hospital a “consumer reporting agency”? Can a health care provider be liable under the Fair Credit Reporting Act (FCRA) in the event of a data breach? The Seventh Circuit Court of Appeals recently considered these...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

IRS Admits Security Breach More Extensive

Earlier this year, the IRS announced that identity thieves had been able to hack one of its computer databases and gain access to extremely sensitive data.  Back then, the IRS indicated that about 225,000 households had been...more

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