News & Analysis as of

Data Security

Privacy Tip #97 – Send Your Kid to Cyber Camp This Summer

I have lamented repeatedly that we have a dearth of cyber talent in the U.S. to meet the needs of employers. Many of our clients recruit talent from other countries in order to meet their cyber needs. The need continues to...more

NY AG Fines Healthcare Firm $130,000 for Improperly Delaying Breach Notices to Consumers Due to an FBI Investigation

by Arnall Golden Gregory LLP on

On June 15th, New York Attorney General Eric Schneiderman announced a settlement with CoPilot Provider Support Services Inc. to resolve allegations that the company improperly delayed notice to more than 220,000 consumers of...more

SEC Chairman Clayton Talks Cyber Threats And Responses

by King & Spalding on

On July 12, 2017, U.S. Securities and Exchange Commission Chairman Jay Clayton made his first public speech as head of the Commission, emphasizing the need for coordination between companies and regulators to thwart cyber...more

D.C. District Court Expands Government Contractors’ Exposure to Consumer Data Breach Class Actions

The United States District Court for the District of Columbia recently endorsed private citizens bringing data breach claims directly against a government contractor where the contractor failed adequately to safeguard the...more

Deeper Dive: Application of Work-Product Doctrine to Forensic Investigations

by BakerHostetler on

In a recent post, we addressed the role a forensic investigation plays in a company’s response to a data security incident. We noted that to maximize the likelihood that a forensic firm’s work will be covered by the...more

Biometrics And “The Mark Of The Beast”: Dealing With Employee Accommodation Requests

by Fisher Phillips on

Employers are increasingly using biometric data such as facial characteristics, hand geometry, retina/iris scans, fingerprints and voiceprints in the workplace. Biometric data can be used to establish records of employee...more

Defending Novel Theories In Data-Breach Litigation

by Ellis & Winters LLP on

The success of a data-breach lawsuit often turns on whether the plaintiff has standing to sue. Showing actual injury can be especially hard when the only alleged damage consists of a risk of future identity theft....more

McNees Advocate Alert - July 2017

In February 2016, a computer hacker sent an e-mail infected with a “ransomware virus” to an employee of the town of Medfield, Massachusetts. When the e-mail was opened, the virus spread throughout the town’s computer network,...more

Privacy Tip #96 – Consider “Who Has Your Back” as Your Next Summer Read

As you head to the beach or hammock for a bit of R+R this summer, here is one that you might want on the reading list. The Electronic Frontier Foundation (EFF) has been publishing a report entitled “Who Has Your Back”...more

Living in the Clouds: Is Your Business Data at Risk Because of a Disgruntled Employee?

by Baker Donelson on

TheCloud: Good Morning! TheCloud is a leading cloud-based provider, striving to secure your apps, email and confidential data in the cloud. How may we help you today? Mr. Techie: My name is Mr. TechieTechie, I’m the CEO...more

Data Breach Disruptions: The Cost of Cybercrime in Canada

News about malicious cyber-attacks have been flooding media outlets in recent weeks as high-profile viruses (including WannaCry and Petya) continue to hit leading global and Canadian companies. What’s the cost here at home?...more

Stats plus Security = A winning formula

Notwithstanding the glitz and glamour of multi-millionaire race drivers and champagne, Formula One is all about data. Analytics are fundamental to understanding Formula One races. Teams are fueled by data, and around every...more

FTC Settles With Lead Generation Firm For Illegally Selling Consumer Data, False Data Security Promises

by Kelley Drye & Warren LLP on

The FTC announced last week a settlement with Blue Global Media, LLC and its CEO Christopher Kay. The company operated 38 Internet domains that solicited online loan applications from consumers. The applications collected...more

LabMD – FTC Face-Off Continues Over FTC’s Data Privacy Authority

by Patrick Law Group, LLC on

The U.S. Court of Appeals for the Eleventh Circuit recently heard oral arguments in LabMD, Inc. v. Federal Trade Commission, the long-running dispute over the FTC’s authority to impose liability for data security breaches...more

Authorities Investigating Cyber Intrusion of Numerous U.S. Nuclear Power Plants

It’s scary to think about, but anything that is online is hackable. Including critical infrastructure like nuclear power plants. It has been reported that U.S. authorities are investigating a cyber intrusion that has hit...more

Technically Speaking, Cybersecurity Isn’t About Speaking Technically

by Seyfarth Shaw LLP on

These days cybersecurity seems to be all about technology. Pen testing, firewalls, port scanning, SIEM, zero-day, IPS, AES256, SHA, DMZ, NIDS, TLS, SS7 – I’ll stop. I could go on, but you get the idea. And I have a vested...more

Countdown Begins for Cybersecurity Compliance

by BakerHostetler on

This month marks an important waypoint for defense contractors subject to the new cybersecurity requirements imposed by the Department of Defense. For contractors subject to the requirements of Defense Federal Acquisition...more

Tick Tock Tick Tock, When a Breach Occurs, You’re on the Clock!

As a reminder that state attorneys general have enforcement authority over breach notifications, the New York Attorney General recently announced a $130,000 settlement for a failing to provide breach notification in a...more

HHS Releases Health Care Industry Cybersecurity Task Force Report

Last week, the Department of Health and Human Services (HHS) issued its “Report on Improving Cybersecurity in the Health Care Industry,” which is the culmination of a year-long effort on behalf of the Cybersecurity Task...more

What Lawyers Should Know To Avoid Online Scams

According to a February 2017 American Bar Association press release, “cyber-related risks have escalated based on the sensitivity and nefarious uses of that data. Last year, for example, the Manhattan U.S. attorney’s office...more

Cybersecurity Steps Every Lawyer Should Consider

All lawyers face technology threats, ranging from the inconvenient to practice-threatening disasters. From unauthorized access, lawyers risk having confidential information stolen, destroyed or made inaccessible. Hackers...more

Ponemon Institute Study on Costs of Data Breaches Highlights Improvement and New Risks for U.S. and Global Companies

by Ballard Spahr LLP on

The average cost of a data breach, on both an aggregate and a per-record basis, has decreased slightly according to the Ponemon Institute's 2017 Cost of Data Breach Study: Global Overview. In addition to presenting recent...more

Draft Guidelines Released for Securing Cross-Border Data Transfers Out of China

by Faegre Baker Daniels on

With the Cybersecurity Law of China effective on June 1, 2017, and the draft data transmission measures pending finalization, Chinese regulators on May 27, 2017, published another draft rule as a piece of the newly formed...more

First Catalogue Published for Network Products Subject to Certification

by Faegre Baker Daniels on

On June 9, 2017, the Cyberspace Administration of China (CAC), jointly with Ministry of Industries and Information, Ministry of Public Security, and the Certification and Accreditation Administration of China, published the...more

The GDPR and the Bottom Line: How the EU Data Privacy Regulation Will Affect U.S. Companies’ Data Collection and Processing...

For U.S. companies which do business in Europe or who process the personal data of European Union residents, the world of data privacy and security is about to get much more complicated. While U.S. privacy law is unsettled,...more

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Cybersecurity

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