News & Analysis as of

Sony vs. N. Korea – Let Capitalism Fight Totalitarianism!

Cyber terrorism, North Korea, Sony, extortion, free speech, The Interview, international relations, journalistic ethics, cyber security… can it get any better than this?...more

Did Sony Let the Terrorists Win?

Unless you’ve been living under a rock recently, you’ve probably heard about the hoopla caused by the new Seth Rogen and James Franco movie called the interview. The movie follows a plot to assassinate North Korean dictator...more

The Interview: Cyber Attacks and The First Amendment

The fallout from a massive cyber attack on Sony in November escalated tremendously this week. After exposing embarrassing emails and confidential company information, stealing the screenplay for an upcoming James Bond movie,...more

Cybersecurity Monday: Who Is Shopping for Your Data?

At this time of year, everyone is shopping for a good bargain. And with “Cyber Monday,” the internet has become the place to go for the best deals. The shift to online and cloud-based information systems and data storage has...more

FBI Issues Alert Following Unprecedented Malware Attack against U.S. Company

Last week, the Federal Bureau of Investigation (FBI) warned U.S. businesses to be alert for a malicious software bug capable of erasing hard drives and crashing networks. Although not specifically mentioned, cybersecurity...more

Privacy Tuesday: December 2014 – The Twelve Days of Privacy 2014

Our series last year was a reader favorite, so we decided to put our prognosticator hats on again and present: Rather than look back at 2014, starting tomorrow, the Privacy & Security blog will count down The 12 Days...more

Cyber Monday – December 1, 2014

Welcome to December – we hope you had a restful and enjoyable Thanksgiving holiday. Here are a few privacy bits and bytes to start your week. 1. ICYMI – 60 Minutes Explains Credit Card Hacking...more

Cybersecurity Litigation Monthly Newsletter

In August, Paytime, Inc., a payroll services company, moved to dismiss a putative class action filed in the wake of a data breach in which the personal and financial information of more than 230,000 people was compromised. ...more

Privacy Tuesday - November 2014 #2

Here are three privacy stories to start your week - 1. Dear “financial institution” : how is your data security?! Senator Elizabeth Warren (D-Mass) announced (press release) that on November 18 the Senator...more

Hackers Don’t Care About the Terms of Your Insurance Policy - The Importance of Retroactive Dates and Extended Reporting Periods...

A recent study reports that the median amount of time between an intrusion into a company’s computer network and the discovery of the incident is 229 days. The difficulty and length of time in detecting cyber infiltrations...more

Privacy Tuesday – November 2014 – Five Things to Start Your Week

Welcome to Privacy Tuesday – here are five privacy & security bits and bytes to start your week: 1) California AG’s Data Breach Report: Who Is Handling Your Patients’ Confidential Health Information? - The...more

Obama Administration the Target of Hackers; Former Administration Official Recipient of Subpoena Related to Cybersecurity

The Obama Administration's handling of cyber and data security was recently brought into question due to two distinct security incidents. On the same day that a former Administration official received a subpoena related to...more

Improving Data Breach Security, from the Customer’s Wallet on Up: In Wake of Massive Breaches, It May be Time to Consider...

In early September, Home Depot announced that it had suffered a severe security incident, which resulted in a massive data breach that exposed the payment card information of Home Depot customers across the United States and...more

Cybersecurity Litigation Monthly Newsletter

As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases,...more

Health Care E-Note - September 2014

In This Issue: - Doctors, Insurers Critical of Medicare Physician Fee Schedule - Health Spending Expected to Increase Modestly Over Next Decade - U.S. Hospitals Have Highest Administrative Costs...more

Liable for not Learning from Target Data Breach?

Has the standard of care for retailers handling consumer data shifted in the last 9 months? As analysts compare the recent Home Depot data breach to the data breach of the credit card processing system at Target last...more

Business Litigation Alert: "When Employees Turn Into 'Hackers'"

Sometimes the Greatest Risk Comes from the Inside - Cybersecurity continues to be an issue that dominates the news. Much has been made of the cyber-risk US companies face from foreign countries and outsiders. However,...more

Your Client is Hacked and Personal Information is Leaked Online – Now What?

You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from...more

The Celebrity Hacking Scandal and You: 3 Takeaways for Everyone

By now we all know a hacker accessed the personal iCloud accounts of dozens of A-list celebrities and leaked nude photos of stars such as Jennifer Lawrence, Kate Upton, Kirsten Dunst, and Victoria Justice. The anonymous...more

Information Security Training Master Class: Winning the Battle Against Data Breaches, Malicious and Negligent Employees, and...

Disclaimer: I am a crazy person. I read over 50 articles before I wrote this (WHO DOES THAT) and I’m not even sure how I got so sucked in. In short, information security is a big deal right now – and there are tons of ways to...more

Target Files Motion to Dismiss Data Breach Lawsuit

By now, we all know about the massive data breach at national retailer Target over the 2013 holiday season. The cyber-attack was carried out by sophisticated criminal hackers, who allegedly gained access to Target’s network...more

I Want My Selfie Back!!!

If your selfie has fallen into the wrong hands, the following statutory acts and/or common law theories may provide some relief....more

Cloud Hacking Incidents May Prompt Congress and the Administration to Turn Attention Again to Mobile Privacy Issues

With the recent theft and release of several celebrities’ private photographs (many of which appear to have been taken with, and stored on, mobile devices), mobile privacy and the protection of sensitive data stored or...more

Massive Online Security Breach – Are You Reactive or Proactive?

A few weeks ago, a Russian cyber gang amassed around 1.2 billion user name and password credentials belonging to more than 500 million email addresses. This may be to date the largest cache of stolen data. The cyber gang...more

The Board of Directors and Cybersecurity: Setting up the Right Structure

Security breaches have become a staple of the daily news. A national restaurant chain announced in August 2014, that a payment card processing system breach involved 33 restaurants in 18 states and that the incident lasted...more

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