Data Breach Plans

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Cybersecurity News & Notes – July 2016 #2

In Case You Missed It: The EU/US Privacy Shield is set to go into effect this Tuesday, July 13, pending a decision today by the EU’s College of Commissioners. On Friday, July 8, the Privacy Shield agreement (entered into in...more

Cyber Security Takes Centre Stage in UK Government’s Strategy

The UK Department for Culture, Media and Sport recently released a statement on cyber security, in which it urged businesses to take better care to protect against cyber criminals. This statement follows publication of its...more

Employment Law Reporter - May 2016

The Age of The Data Breach : The Top 5 Best Practices - What will you do? We live in The Information Age. Increasingly, business success depends on the ability to obtain, maintain and intelligently utilize increasing...more

How to Draft an Effective Data Breach 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

Recommendations for Evaluating Your Organization’s Use of Social Media

The majority of organizations utilize social media to market their products and services, interact with consumers, and manage their brand identity. Many mobile applications and websites even permit users to sign-in with their...more

Most Frequently Hacked Industries Now Includes Manufacturing

Second only to health care, the manufacturing industry is now one of the most frequently hacked industries (according to IBM’s 2016 Cyber Security Intelligence Index). And more importantly, automotive manufacturing was the...more

Tennessee Amends Its Data Breach Notification Laws

Removes the Encryption Safe Harbor, Limits the Timing of Notice, and Expands “Unauthorized Persons” - Effective July 1, 2016, Tennessee becomes the first state to remove the encryption safe harbor from its data breach...more

Privacy Shield – Rejected. GDPR – Accepted: What This Means to Your Organization and What You Should Consider Doing Now

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last week, stating that although the Privacy Shield was a “great step...more

Preparing Your Organization Today to Win Its Future (Possibly Inevitable) Cyber Lawsuit: Making Crown Jewels Out of Paper

One day in the not too distant future, your organization may be fighting to protect its balance sheet against high-stakes claims in a cyber tort trial. Arrayed against you will be the best of the class action plaintiff’s...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

Q&A with Matt Field on Cyber Liability Insurance

In January, we hosted an event with the Northeast Chapter of the Association of Corporate Counsel (ACC) on cyber security. Matt Field, an a cyber insurance expert, participated on the panel, and we are thrilled to offer you a...more

CFTC Intermediaries to Adopt and Implement Cybersecurity Programs by March 1, 2016

Commencing March 1, 2016, all commodity pool operators, commodity trading advisors, futures commission merchants, retail foreign exchange dealers, investment brokers, major swap participants and swap dealers that are National...more

You Could Lose More Than Just Customers: Why You Should Lock Up to Crack Down on Cyber Risks

The most searched word around the office is “cybersecurity”. This year promises to hear myriad cases centered on this suddenly-forefront topic. The issue of security for virtual information has been around for years, but with...more

Not Just Heads In Beds – Cybersecurity for Hotel Owners

The basics of the hotel business have traditionally been simple: good location, fair prices, appropriate amenities and good service were the keys to success. While those factors are important today, hotels are no longer...more

Responding to a Security Breach: Insurance

It is an otherwise normal day until you, the General Counsel, receive a call from the CIO: “We have a cyber-security breach. We’ve identified some unusual activity and it appears that data has been sent out through unknown...more

The Privilege of PR: Application of the Attorney-Client Privilege to Crisis Communications and Public Relations in Breach Response...

Cyber-attacks have become a matter of everyday reality for all businesses: regardless of industry or size, it is no longer if a data breach will happen, but when. And waiting for a breach to occur before designing and...more

SEC’s 2016 Examination Priorities Include Continuing Focus on Cybersecurity Controls

The Securities and Exchange Commission last week issued a press release outlining the agency’s 2016 Examination Priorities that included cybersecurity. The release states: "To help fulfill the SEC’s mission of...more

Director Cybersecurity Risk Oversight and Actions

This article begins by providing an overview of the duty of directors to oversee risk, including cybersecurity risk, in the cyberattack context and then outlines actions that board of directors are taking as reported by...more

NAIC Cybersecurity Task Force Adopts Cybersecurity Bill of Rights

On October 14, 2015, the National Association of Insurance Commissioners’ (NAIC) Cybersecurity Task Force adopted the Cybersecurity Bill of Rights, a document meant to inform consumers of the services they can expect from...more

Data Breach Planning in 10 Easy Steps: How to Think Like A Litigator

For the first Tuesday in November, we have 10 easy steps to make sure that your data breach incident response planning is viewed from that pesky point of view of a litigator....more

CFTC Approves NFA Interpretive Notice on Information Systems Security Programs, Including Cybersecurity Guidance

The CFTC recently approved the National Futures Association’s interpretive notice (the “Cybersecurity Notice”) on the general requirements that members should implement for their information systems security programs...more

Cybersecurity and Risk Management: “Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers”

A timely new resource for business executives, technology professionals, and lawyers alike is the newly-published Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers from the New York...more

SEC Cybersecurity Update

Results from the SEC’s First Round of Cybersecurity Examinations - On February 3, 2015, the OCIE published a risk alert summarizing its findings from its examinations of over 100 registered investment advisers and...more

PCI Security Standards Council Issues “How-To” Guide For Responding To A Data Breach

On September 29, 2015, the PCI Security Standards Council (“PCI SSC”) issued a press release and accompanying guidance to businesses for incident response management in the event of a data breach. PCI SSC is a global forum...more

Data Breaches, Media Relations, and the Bottom Line

Data breaches are crisis moments that business must prepare for in many ways: not just in taking steps at prevention, but also mitigating losses, arranging for business continuity, complying with legal and regulatory...more

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