News & Analysis as of

Hackers Cybersecurity Corporate Counsel

Holland & Knight LLP

Court in SolarWinds Case Blows Down SEC's Cyber Enforcement Authority

Holland & Knight LLP on

The U.S. District Court for the Southern District of New York on July 18, 2024, dismissed most of the SEC's landmark cyber enforcement litigation against SolarWinds Corp. (SolarWinds or the Company) and the Company's Chief...more

Ballard Spahr LLP

XZ Utils Supply Chain Attack Sheds Light on Vulnerabilities in Widely Adopted Open Source System

Ballard Spahr LLP on

In a reminder that open source products can carry significant risks beyond intellectual property, a vulnerability in a compression tool commonly used by developers has triggered widespread concerns....more

PilieroMazza PLLC

DHS Updates Cybersecurity Regulations Clarifying Old and New Obligations

PilieroMazza PLLC on

The Department of Homeland Security (DHS) recently released a final rule (Final Rule), effective July 21, 2023, updating the Homeland Security Acquisition Regulation (HSAR) to include cybersecurity provisions aimed at...more

Jenner & Block

Evolving Caremark Duties Related to Cybersecurity Risks

Jenner & Block on

In the recent case Construction Industry Laborers Pension Fund on behalf of SolarWinds Corporation, et. al v. Mike Bingle, et al. (2022), the Delaware Chancery Court considered whether the directors of SolarWinds Corporation,...more

Blake, Cassels & Graydon LLP

Court of Appeal for Ontario Limits Intrusion Upon Seclusion Claims in Cybersecurity Cases

On November 25, 2022, in Owsianik v. Equifax Canada Co., 2022 ONCA 813 (Owsianik), the Ontario Court of Appeal (Court) held that intrusion upon seclusion is not a viable cause of action against a defendant who has been the...more

Mintz - Privacy & Cybersecurity Viewpoints

“Ding Dong” -- FTC-Drizly Data Breach Settlement Will follow CEO Personally for a Decade

The Federal Trade Commission (“FTC”) announced on Monday that it is settling a case against Drizly and its CEO stemming from a 2020 data breach that impacted roughly 2.5 million consumers. The proposed order not only...more

Wiley Rein LLP

Court Holds Social Engineering Fraud Does Not Trigger Computer Fraud Coverage

Wiley Rein LLP on

The United States District Court for the District of Minnesota, applying Minnesota law, has held that an insured’s loss resulting from the insured’s payment of fraudulent invoices received from a bad actor who hacked into the...more

Carlton Fields

Federal Court Rules “Unauthorized Network Access Exclusion” Precludes Coverage for $1.3M Payment From Hacker’s Fraudulent Email

Carlton Fields on

The U.S. District Court for the Eastern District of Pennsylvania ruled that an insurance policy issued by Federal Insurance Co. excluded coverage for the transmission of $1.3 million by the insured in response to an email...more

Kilpatrick

Data breach class actions: Southern District of New York dismisses action against health care providers for lack of standing

Kilpatrick on

Takeaway: In a prior article, we reported on the Second Circuit’s decision in McMorris v. Carlos Lopez & Associates, LLC, 995 F.3d 295 (2d Cir. 2021), in which the court, ruling on an issue of first impression, set out a...more

Proskauer - New Media & Technology

DOJ Revises Policy for CFAA Prosecution to Reflect Developments in Web Scraping and Other Matters

On May 19, 2022, the Department of Justice (DOJ) announced that it had revised its policy regarding prosecution under the federal anti-hacking statute, the Computer Fraud and Abuse Act (CFAA). Since the DOJ last made changes...more

Patterson Belknap Webb & Tyler LLP

DOJ Issues New Guidance for Charging CFAA Cases

In a significant development in anti-hacking criminal enforcement, the Department of Justice last week released new guidance for charging violations of the Computer Fraud and Abuse Act (“CFAA”), the nation’s premier computer...more

Kennedys

Kennedys cybersecurity and privacy (US) 2021 year in review

Kennedys on

As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020 – ransomware attacks continued to...more

Lowenstein Sandler LLP

Riding the Wave of Cyber Insurance Claim Payments: A Trend Cresting or Crashing?

Lowenstein Sandler LLP on

Ransomware attacks are on the rise. Cyber criminals continue to exploit lax security measures, which have become more acute in the work-from-home environment, and hack into companies’ systems, encrypt their data, and then...more

Troutman Pepper

Delaware Court of Chancery Highlights Seriousness of Cybersecurity Concerns While Maintaining High Standard for Caremark Claims

Troutman Pepper on

On October 5, the Delaware Court of Chancery issued a decision in Firemen’s Retirement System of St. Louis v. Sorenson, et al., C.A. No. 2019-0965-LWW, dismissing breach of fiduciary duty claims brought against various...more

Polsinelli

Department of the Treasury Issues New Advisory Regarding Ransomware Payments

Polsinelli on

On September 21, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) released its Updated Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments (the “Updated Advisory”)....more

Dentons

IWD job service claims theft a growing problem

Dentons on

Many employers are facing growing problems with identity theft in a new way: data is being used to file false claims including requests for job service benefits and SBA loans through the PPP, among others. To address this...more

Carlton Fields

Beware the Honest Hacker: Indiana Supreme Court Finds That Bitcoin Payment Is Not Necessarily Covered Loss Under Commercial Crime...

Carlton Fields on

In G&G Oil Company of Indiana Inc. v. Continental Western Insurance Co., the Indiana Supreme Court considered the emerging area of computer crime coverage. ...more

Robinson+Cole Data Privacy + Security Insider

Phishing at the California State Controller’s Office

The California State Controller’s Office (SCO) was recently a victim of phishing. According to its website, an employee of the SCO’s Unclaimed Property Division clicked on a link in an email, entered their user ID and...more

Jackson Lewis P.C.

The Circuit Split Continues: 11th Circuit Weighs In On Standing In Data Breach Litigation

Jackson Lewis P.C. on

The 11th Circuit recently weighed in on the hottest issue is data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Joining several other circuit courts, the 11th Circuit in Tsao...more

Epstein Becker & Green

Cybersecurity Lessons From The Twitter Hack As New York’s Chief Financial Services Regulator Calls For A Dedicated Cybersecurity...

Epstein Becker & Green on

There are cybersecurity lessons to be learned from high profile data breaches and the ensuing regulatory responses. The recent well-publicized Twitter hack is no different. According to the New York State Department of...more

Saul Ewing LLP

Business Associate Agrees to Pay $2.3 Million to Settle HIPAA Data Breach Affecting Over Six Million People

Saul Ewing LLP on

On September 23, 2020, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) announced that CHSPSC LLC, (CHSPSC) agreed to pay $2,300,000 and adopt a Corrective Action Plan (CAP) to...more

Troutman Pepper

New York AG Announces Settlement with Dunkin’ Regarding Data Breach Lawsuit

Troutman Pepper on

On Tuesday, September 15, New York Attorney General Letitia James announced a settlement with Dunkin’ Brands Inc. regarding a lawsuit in New York state court titled The People of The State of New York et al. v. Dunkin’ Brands...more

Knobbe Martens

Lessons From the Complaint Against Uber’s Former Chief Security Officer

Knobbe Martens on

On August 20, 2020, former Uber Chief Security Officer Joe Sullivan was charged with obstruction of justice and misprision of a felony for knowingly concealing a hack of Uber in 2016. Based on Sullivan’s complaint,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2020

In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

Kilpatrick

Data Breach Class Actions – Florida District Court Rules Threat of Future Injury Too Speculative to Support Standing

Kilpatrick on

Takeaway: Data breach cases often turn on whether the threat of future identity theft suffices to establish Article III standing. In yet another data breach case, In re Brinker Data Incident Litig., 3:18-CV-686-J-32MCR,...more

92 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide