Cybersecurity Framework

News & Analysis as of

U.S., China Announce Cybersecurity Agreement During Xi Jiping’s Visit

Chinese President Xi Jinping made his first state visit to the United States last week, and his itinerary included meetings with U.S. technology company leaders as well as President Barack Obama. Not surprisingly, his hosts...more

Disclosure Of Numerous Hacks At The U.S. Department Of Energy Renews Cybersecurity Concerns In The Energy Sector

Records produced by the U.S. Department of Energy (“DOE”) to USA TODAY under a Freedom of Information Act request revealed over 150 successful cyber intrusions into DOE computer systems between 2010 and 2014. Concerns about...more

Cybersecurity as a Regulatory Issue: The NAIC Considers The Anthem Breach And Weighs a “Cybersecurity Bill of Rights”

The Cybersecurity Task Force of the National Association of Insurance Commissioners (the “NAIC”) met last month, as part of on the NAIC’s 2015 Summer National Meeting in Chicago. The Task Force focused on two issues: the...more

FTC Can Regulate Cybersecurity Practices, Third Circuit Rules

The Federal Trade Commission (FTC) can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act, the U.S. Court of Appeals for the Third Circuit has ruled in a very important...more

The Legal Lessons of Data Breaches

Every business would love to find a fortune teller to give it insight into what trends to follow, which risks to take, and when “exposure” will convert to liability. Some clients might say that, unfortunately, their lawyers...more

Security Frameworks 101: Which is Right for my Organization?

These days information security is on the minds of virtually all technology professionals and business executives alike. But how does an organization ensure that their security profile is adequate. It can certainly help to...more

Federal Appeals Court Recognizes for the First Time the FTC’s Authority to Enforce Cybersecurity Practices

On August 24, 2015, the Third Circuit Court of Appeals issued a much-awaited decision in FTC v. Wyndham Worldwide Corporation, holding that the Federal Trade Commission (FTC) has authority to regulate “unfair” or “deceptive”...more

NIST Publishes Cybersecurity Standards Objectives

The National Institute of Standards and Technology has published a draft of its objectives for cybersecurity standardization, following in many ways the consultative model that it used successfully in drafting the NIST...more

Intellectual Property Newsletter - July - August 2015

Protecting Trade Secrets in the Era of the Data Breach - The prevalence of data breaches cannot be ignored. New data breaches continue to occur one after an-other. In the first half of 2015 alone there were reports of...more

How to Assess and Improve Your Corporate Cyber Security Infrastructure

It's no secret that data breach is becoming more and more common as sophisticated hackers penetrate corporate and governmental networks at what seems to be a breakneck pace. No business or institution with an internet...more

FFIEC Cybersecurity Assessment Tool: Not Just For Financial Institutions

On June 30, 2015, the Federal Financial Institutions Examination Council (FFIEC) released its long anticipated Cybersecurity Assessment Tool (press release here). The FFIEC is a formal interagency organization empowered to...more

FFIEC’s Cybersecurity Assessment Tool: Guidance for CEOs and Boards - Senior Management and Boards Should Be Actively Addressing...

The Federal Financial Institutions Examination Council (FFIEC) released a Cybersecurity Assessment Tool (CAT) on June 30, 2015, to assist organizations in identifying cyber risks and assessing their cybersecurity...more

FFIEC’s Cybersecurity Assessment Tool: Guidance for CEOs and Boards - Senior Management and Boards Should Be Actively Addressing...

The Federal Financial Institutions Examination Council (FFIEC) released a Cybersecurity Assessment Tool (CAT) on June 30, 2015, to assist organizations in identifying cyber risks and assessing their cybersecurity...more

Republican Senators Sought To Tie Cybersecurity Measure To Defense Bill

In the wake of the recent public disclosure of the massive breach into the Office of Personnel Management compromising the personal information of approximately 4 million individuals, Senators were hoping to tie a...more

Heartland Payment Systems suffers another data breach

Heartland Payment Systems suffered one of the largest breaches in history in 2008, when over 100 million credit and debit cards issued by hundreds of financial service companies were stolen from their payroll payment...more

United States And Japan Pledge Closer Cooperation In Cyber Defense Matters

On May 30, the United States-Japan Cyber Defense Policy Working Group (“CDPWG”) issued a joint statement outlining increased cooperation between the two countries in the cyber realm. The CDPWG was founded in October 2013 to...more

Congressional Action Supports Improvement of Cybersecurity for Critical Infrastructure and Beyond

None of us in the United States – no family or individual, no industry or business, and no government agency – is immune from the potential devastation that cyber-attacks can wreak. No particular reminder is needed. Each day,...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

Insurance Regulatory Bellwether: NAIC Adopts 12 Principles for Effective Cybersecurity for Regulators

The National Association of Insurance Commissioners (“NAIC”) is all over cybersecurity. On April 16, 2015, as a part of its aggressive work plan to help the insurance sector come up with an effective cybersecurity framework...more

DOJ Issues New Cyber-Incident Preparedness and Response Guidance

The Department of Justice (DOJ) released new guidance on cyber preparedness and incident response last week, becoming the latest federal agency to do so in recent months. Newly sworn-in Attorney General, Loretta Lynch, has...more

Cybersecurity Workforce Measures Present Business Opportunities

As part of the federal government’s efforts to address cybersecurity needs in our age of state-sponsored hacking and other high-profile data breaches, the Department of Homeland Security (DHS) will soon undertake a...more

Secretary Of Homeland Security Seeks Cooperation Between Public And Private Sectors In Fight Against Cybercriminals

On April 21, 2015, Department of Homeland Security (“DHS”) Secretary Jeh Johnson spoke at the annual RSA Conference 2015. In his remarks, Johnson explained that, while the DHS was established primarily to focus on...more

House Passes Cybersecurity Information Sharing Bills

On Wednesday, April 22, 2015, the House passed H.R. 1560, the Protecting Cyber Networks Act, sponsored by House Intelligence Committee Chairman Devin Nunes (R-CA), with Ranking Member Adam Schiff (D-CA) as lead cosponsor. ...more

Privacy & Cybersecurity Update - March 2015

In This Issue: - Dismissal in P.F. Chang’s Data Breach Case Shows Challenge Plaintiffs Face in Such Actions - Eleventh Circuit Court of Appeals Decision Underscores the Need to Evaluate Insurance Programs for Cyber...more

Effective cybersecurity: 8 questions for you and your team

Cybersecurity has become a top-tier risk for US and multinational organizations. It is only a matter of time before a determined hacker will penetrate your organization’s system and successfully exfiltrate some data. (Indeed,...more

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