Cybersecurity Data Breach

Cybersecurity is a term used to describe methods and systems for protecting sensitive information in the electronic sphere. As more financial, business, and personal information becomes exclusively maintained and... more +
Cybersecurity is a term used to describe methods and systems for protecting sensitive information in the electronic sphere. As more financial, business, and personal information becomes exclusively maintained and stored electronically, the risks of attacks, leaks, and disclosures become more pronouced. The concept of Cybersecurity encompasses a broad array of issues, including governmental regulations to ward off cyber terrorists, industry data collection and maintenance practices, and consumer advocacy to ensure the privacy of individuals' personal and medical information.     less -
News & Analysis as of

Fourth Circuit Upholds Coverage Under CGL Policy for Data Breach Claims

The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) recently concluded that an insurer had a duty to defend a health care company that was sued by individuals whose personal health information was...more

Privacy & Cybersecurity Newsletter: April 2016

What seems like a long time ago now, in 2011 PricewaterhouseCoopers (PwC) warned that “there is no question that law firms are among the companies being targeted by cyber criminals.” Despite this, many law firms believed (or...more

Tennessee Gives Businesses 45 Days for Data Breach Notice

Recent amendments to the State’s data breach statute give a hard deadline for a business to provide consumer notice, removes encryption safe harbor, exempts entities that are subject to the Health Insurance Portability and...more

Ransomware Cuts Deep, in Life & in Coverage

1. Beyond Breaches - With ransomware, cybersecurity in healthcare has gone far beyond HIPAA compliance, breaches of PHI or identity theft. For the unprepared healthcare provider not able to prevent ransomware or...more

Cybersecurity Compliance Just Got Tougher

Companies need specific, well-executed plans to meet growing demands of federal and state agencies. While cybersecurity risks have increased, government regulation has traditionally lagged behind. Recently, some...more

O’ Really, Canada? Data Breach Log Rules Underway

In June 2015, Canada made significant amendments to its data privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA).  These amendments to PIPEDA will require businesses to inform the Canadian...more

Revenge of the Dorks: Their Time Has Come and They Might be Malicious

A nerd. A dork. A geek. You’ve seen them. You know them. Maybe you are one of them. And you definitely know the type. In fact, it was way back in the 1980s when a group of bullied collegiate outcasts rose up to defeat an...more

Cybersecurity Claim Under CGL Policy Prevails Against Strong Insurance Industry Pushback, As Fourth Circuit Upholds Policyholder’s...

On April 11, 2016, the United States Court of Appeals for the Fourth Circuit made headlines by holding that a commercial general liability (“CGL”) policy covers the defense of a data breach-related class action lawsuit. In...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

Fourth Circuit Holds that a Data Breach Is Covered by a Commercial General Liability Policy

In an unpublished opinion issued on April 11, 2016, the Court of Appeals for the Fourth Circuit held in The Travelers Indemnity Co. of Am. v. Portal Healthcare Solutions, L.L.C. that Travelers must defend a medical records...more

Cybersecurity Claim Under CGL Policy Prevails Against Strong Insurance Industry Pushback, As Fourth Circuit Upholds Policyholder’s...

Action Item: In a digital age, where companies and individuals increasingly rely on the Internet in their personal and commercial activities, the Travelers Indem. Co. of Am. v. Portal Healthcare Solutions, LLC, No. 13-1944...more

Sony settles employees’ class action suit for up to $8M

The Sony data breach in 2014 was one of the most significant breaches experienced and was a first on many fronts. It was alleged to have been caused by North Korean hackers (calling themselves Guardians of Peace) seeking to...more

How Many Times Do We Have to Tell You Not to Open the Cat Video

Everyone has been in a movie theater when one of the actors approaches that door to the basement behind which strange noises are coming. They reach out to turn the knob and in unison the audience is thinking “Fool, haven’t...more

How Recent Cybersecurity Government Publications Impact HIPAA Security Compliance and the New Audit Initiative

Cybersecurity Impacts on HIPAA Security Compliance and the New Audit Initiative - New Audit Initiative Items to Watch - While The HHS Office for Civil Rights recently announced its intent to perform a second...more

2016 Data Breach Litigation Report

Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have led to 30,000 articles a month being published that...more

Preparing For and Responding To Data Breaches (Presentation)

While companies may be aware of the threats posed to their businesses by a data breach, they should also have a concrete plan in place so that they can respond effectively should one occur. In a recent webinar, attorneys from...more

Cyber Security IMPOSSIBLE: California AG Decides a Ceiling is a Floor

We all know why selecting appropriate data security standards is difficult. No two business are the same. Different businesses have different assets to protect and different bank accounts to tap. Different sized businesses...more

[Webinar] Is Your Organization Compromise Ready? - April 20th, 9:00 am PDT

Please join BakerHostetler’s Privacy and Data Protection team for a webinar to cover the results of the 2016 BakerHostetler Data Security Incident Response Report. Trends, top causes for a security breach, and steps you can...more

BakerHostetler Data Security Incident Response Report: Being “Compromise Ready” Better Positions Companies to Respond to Incidents...

On March 30, 2016, we released our second annual Data Security Incident Response Report. The report analyzes data from more than 300 incidents on which the firm advised in 2015. The report looks at causes of incidents,...more

State Data Security Breach Notification Laws - April 2016

The general definition of “personal information” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of the following data elements: (i) Social Security number, (ii)...more

Tennessee Revamps Its State Data Breach Notification Statute

Effective July 1, 2016, Tennessee amended its data breach notification statute to require notification of a data breach to affected individuals regardless of whether the personal information involved in the security incident...more

How to Draft an Effective Incident Response Plan

The best way to handle any emergency is to be prepared. When it comes to data breaches, incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one....more

NAIC Preliminary Draft Insurance Data Security Model Law Draws Praise and Criticism

Early this month, the NAIC Cybersecurity (EX) Task Force released a preliminary working and discussion draft of an Insurance Data Security Model Law. While praise worthy in its effort to provide uniformity for data security...more

[Webinar] Got Data? Analytics to the Rescue - April 19th, 12:00pm CDT

Within an enterprise, data is a dual-edged sword – it’s both the lifeblood powering critical business operations and the kryptonite preventing the business from flexing its muscle. When investigations, litigation or...more

New Guidance Maps HIPAA Security Rule to NIST Cybersecurity Framework to Help Providers Manage Cybersecurity Risk

In a world of looming data breaches and significant penalties for the release of protected health information, the complexities of cybersecurity and compliance with the HIPAA Security Rule can be incredibly daunting. In 2014,...more

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