News & Analysis as of

Hackers Computer Fraud and Abuse Act (CFAA) Data Breach

EDRM - Electronic Discovery Reference Model

[Flash Webinar] "Cyberwar and the ‘Iceberg Problem’ in Ukraine and Beyond. Can the USG Stop Cyberattacks Against the Private...

Russian intelligence agencies have hacked dozens of civilian organizations in the U.S. and other Ukraine-allied nations since February. While this activity has garnered a great deal of attention due to the conflict in...more

Wilson Sonsini Goodrich & Rosati

DOJ Acknowledges Limits to the CFAA, but Questions (and Possible Civil Liability) Remain for Security Researchers and Others

On May 19, 2022, the U.S. Department of Justice (DOJ) revised its policy regarding charging decisions under the Computer Fraud and Abuse Act (CFAA). The new policy makes clear, "for the first time," that the DOJ "should...more

Epiq

Cyberside Chats: Everyone wants to be Batman. Hacking Back & Cybersecurity Law

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Professor, Attorney and Expert in Cybersecurity Policy & Governance, Kevin Powers joins Jerich Beason & Whitney McCollum to discuss where the law stands on “Hacking Back”. Everyone at some point wants to be Batman. During...more

Amundsen Davis LLC

Employers’ Rights Under the Computer Fraud and Abuse Act (CFAA) Narrowed after Supreme Court Decision in Van Buren

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In today’s digital age, employers store immense amounts of information, including confidential and proprietary information, on their on-premises systems, cloud-servers and other data storage solutions. With this collection of...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2021 #2

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CYBERSECURITY - Another Win for Justice Department: Slilpp Marketplace Takedown - People always ask me if law enforcement is having any luck in combatting cyber criminals. Let me be clear: it is a very tough job to take...more

Rivkin Radler LLP

Insurance Update - March 2021

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In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more

Patterson Belknap Webb & Tyler LLP

Capital One Hack Prosecution Raises New and Old Questions about Adequacy of CFAA

On August 28, 2019, almost a month after Paige A. Thompson was arrested based on allegations that she hacked into servers rented by Capital One Financial Corporation, a criminal indictment was returned charging her with one...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - July 2018 #2

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We have previously reported on the ongoing cybersecurity issues with St. Jude defibrillators [view related posts here, here, and here]. On June 29, 2018, the Food and Drug Administration (FDA) classified the required firmware...more

Patterson Belknap Webb & Tyler LLP

Payment or Pillory: More Fallout from Uber’s Data Breach

With new developments regarding Uber Technologies Inc.’s 2016 data breach coming out almost daily, lawsuits against the company continue to pile-up. We previously reported that within days of Uber disclosing the data theft...more

Baker Donelson

You Asked: Can My Employees Hack My Company?

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Yes! Employees and other insiders – think Edward Snowden – can, and in fact, do play a role in most data breaches or cyber-security incidents. Companies must ensure their data protection policies include not only training but...more

Constangy, Brooks, Smith & Prophete, LLP

Password sharing and “head-slap hacks”: What employers can do

If you have ever wondered why your company’s data is not as secure as it should be, take a look in the mirror. A study by the Ponemon Institute, commissioned by Experian and released in May, found that the majority of data...more

Dorsey & Whitney LLP

Time Is Precious with Computer-Hacking Claims

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A recent ruling shows that plaintiffs must act fast when using a federal criminal statute for a civil suit. The U.S. Court of Appeals for the Second Circuit in August addressed the proper application of the statute of...more

Robinson+Cole Data Privacy + Security Insider

Feds continue to prosecute hackers

Sergey Vovnenko, a Ukrainian hacker, was charged in New Jersey federal court this week for wire fraud conspiracy, unauthorized computer access and aggravated identity theft for allegedly hacking into networks of financial...more

Robinson+Cole Data Privacy + Security Insider

Ashley Madison data breach update

Anonymous users of the almost 40 million users of the Ashley Madison website have filed suit against internet service providers (ISPs) GoDaddy and Amazon alleging that they have been damaged because the ISPs hosted the stolen...more

Orrick - Trade Secrets Group

Hacking Your Rivals – Corporate Espionage in Major League Baseball

As we approach the dog days of summer, baseball season is again in full bloom. We previously discussed old-fashioned sign stealing in the context of teams trying to gain a competitive advantage during an actual game. But it...more

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