News & Analysis as of

You're Not Immune: Hackers Target Health Care Providers Of All Shapes & Sizes

For health care providers, exposure to cyberattacks is becoming a stark reality. Findings in a recently released Health Care Cyberthreat Report by cybersecurity leaders confirmed the health care industry's vulnerabilities for...more

Message from New York Court: Rely on CGL Policy Coverage for Data Breaches at Your Own Peril

A New York trial court announced a decision on February 21, 2014, that may be a harbinger of wide-reaching limitations on insurance coverage for data breaches under commercial general liability (CGL) policies. The court’s...more

Personal Injury Coverage Does not Apply to Data Breach

According to a Law360 report, Sony Units Denied Coverage For Suits Tied To Cyber Attack (subscription required), a New York state judge ruled last Friday in the Zurich v. Sony insurance litigation that the stealing of...more

“Sophisticated” Breach Exposes 300,000 Student Records at University of Maryland: 3 Questions You Should Ask

Officials at the University of Maryland (“University” or “UMD”) announced that UMD was the victim of a significant security breach that took place on Tuesday, February 18 (the “Breach” or “Incident”). The Incident,...more

"Cybersecurity: Amid Increasing Attacks and Government Controversy, a Framework to Reduce Risk Emerges"

2013 likely will be considered a watershed period in the role of cybersecurity in corporate strategy and management. While there were few significant legislative developments, a marked increase in cybersecurity attacks...more

Data Security Breach at Target is an Important Lesson for All Companies

News about the data security breach at Target is rapidly developing. Current reports indicate that in the last few weeks, the credit and debit card information for as many as 40 million Target customers was compromised.1 The...more

Before Becoming The Next Target: Recent Case Highlights The Need To Consider Insurance For Data Breaches

If only one of Target, Snapchat, Facebook, Twitter, Adobe, and so on and so forth, had suffered a serious data breach within the last few months that would be sufficiently troubling. Yet data breaches have become so...more

To 8-K, or not to 8-K? For Target, that is indeed the question.

As anyone with a pulse and a computer, television or carrier pigeon knows, Target Corporation (NYSE: TGT) suffered a major data breach in December – the extent of which is still being uncovered – and pegs the latest number of...more

Scammers Continue to Target Customers

There have been numerous reports that West Virginia Attorney General Patrick Morrisey issued a warning to consumers on Monday, January 13, 204, about a Target gift card scam occurring throughout the country on social media...more

Happy 2014!

After a brief hiatus for the holidays and our “12 Days of Privacy” series, we are back. We have had a series of late year — and new year — data breaches in the news. These latest incidents should prompt New Year’s...more

Target Targeted for Big Data Theft

Over the course of 19 days, beginning on the day before Thanksgiving, hackers obtained personally identifiable information, including credit card numbers and security codes, from 40 million shoppers at some 1,800 Target...more

On the 11th Day of Privacy, class counsel served on me……

. . . a data breach class action. Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate. On this 11th Day of Privacy, we look...more

Are You a Target?

As has been widely reported, the popular retail giant Target announced yesterday that it suffered a data breach impacting approximately 40 million credit and debit card accounts used in Target stores across the country...more

2013: Year of the Mega Breach Cybersecurity Awareness Month - A Good Time for a Crisis Audit

Already this year, hackers have perpetrated seven "mega breaches" (breaches involving over 1 million records each), compromising and exposing over 112 million total records. The average size of a data breach in the U.S. this...more

Federal Court Dismisses Action Brought by Data Breach Plaintiffs for Failure to Demonstrate Injury Under Clapper

On September 3, 2013, the U.S. District Court for the Northern District of Illinois dismissed a class action complaint arising from a credit card “skimming” attack suffered by Barnes & Noble in 2012. U.S. District Judge John...more

Website Operator Permitted to Revoke Access of Previously Authorized User Under the Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030) levies penalties on a person who "intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains... information from any...more

Cybersecurity: 36 Questions Every Director Should Ask

Cyber security, data loss, hacking and schemes to steal personal information and assets electronically are all over the news daily. Companies are the primary targets of these actions since they accumulate information, store...more

White House Outlines Potential Cybersecurity Incentives

On August 6, the White House released proposed incentives to drive participation in the cybersecurity program framework under development by the National Institute of Standards and Technology....more

DOJ Announces Five Indictments In Largest Known Data Breach Case

On July 25, the DOJ announced the indictment of five individuals accused of conspiring in a worldwide hacking and data breach scheme that targeted major corporate networks, stole more than 160 million credit card numbers and...more

And the hits keep on coming……..

The ”hits” to data bases, in any event. Here is a rundown of some of the most recent data breach reports – Oregon Health & Science University Data Breach Compromises 3,000 Patients’ Records in the Cloud. Modern...more

2013 Texas Leg Watch: Retracting The Defamation And Notification After A Data Breach

While the second special session is winding down (thank goodness), we will take a look at a couple more new laws impacting online media and technology in Texas. ...more

Advertising Law -- Jul 19, 2013

California AG Reports on Data Breaches - In a new report, California Attorney General Kamala Harris revealed that 2.5 million state residents were the victims of a data breach in 2012, with the average breach...more

Academic Institutions Face Increased Threat Of Cyberattacks

American research universities typically structure their data and digital networks to be as accessible and open as possible to promote the open exchange and sharing of information. ...more

Week in Review - July 18, 2013

As Edward Snowden continues to seek asylum, privacy issues remain center stage in the world of technology. Universities are rethinking their network security as they face cyberattacks from around the world. The University of...more

Smoking Gun Or Blowing Smoke? Five Tips To Make Sure That Computer Forensic Evidence Of Trade Secret Theft Is What You Think It Is

Today’s hackers and ex-employees steal secrets with USB drives, personal email accounts, and computer networks, making computer forensics critical in detecting trade secret theft....more

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