News & Analysis as of

Data Breach Laws Continue to Come

Retail. Financial services. Health care. Energy. Not an industry has been spared when it comes to recent data and cyber breaches, and the colossal damage that occurs to the interests of the company, its employees, and third...more

United States Charges China with Cyber-Espionage in Unprecedented Indictment

This morning, the U.S. Department of Justice (DOJ) announced that a grand jury in the Western District of Pennsylvania has indicted five Chinese military officials on charges of computer hacking, economic espionage, and...more

United States v. China: The Battle over Cyber-Espionage Results in Criminal Charges

For those of us who have been active in cybersecurity, it is a well known fact that the Chinese government, acting through its military, has been the most prolific global perpetrators of cyber-espionage. Over the past several...more

A CTO’s Views On How To Combat Hackers & Cybercriminals

In this article, I delve into the views and opinions of a chief technology officer of a telecommunications company to understand important steps a company can take to combat hackers and cyber-criminals....more

Internet of Things at the Salone, but what legal issues for furnitures?

The Internet of Things will generate 9 billion devices by 2018 according to estimates, but the recent hacker attack that caused a fridge to send over 750,000 spam and phishing messages over the Christmas break create concerns...more

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

“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

Access Of Computer System With Log-In Credentials Is Not Unlawful “Hacking”

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

Valuable $50,000 Twitter Account Allegedly Stolen

There was an interesting January 29, 2014, article on CNET written by Don Reisinger describing how a thief/hacker allegedly hijacked an Internet domain name and e-mail account belonging to Naoki Hiroshima and stole his...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

A Weapon Against Hackers on the Home Front

Although headlines have focused on foreign cyberattacks, plenty are U.S.-based—and can be remedied. Over the past year the national press has repeatedly reported on the vulner­ability of our intellectual property to...more

A Weapon Against Hackers on Home Front

Over the past year the national press has repeatedly reported on the vulner­ability of our intellectual property to nation-state hackers like China, which have reportedly accessed and stolen highly con­fidential data by...more

A New Year’s Resolution to Avoid Cyber Attacks: It Is Not IF but WHEN … Just Ask Target

On December 13, 2013, it was reported that Target was the victim of a successful cyber attack, resulting in the theft of personal financial information from up to 110 million Target credit card customers – the largest theft...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

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

Hacking Back: For Now, Be Vigilant Rather Than a Vigilante

In the cyber-security world, "hacking back" – using hacker-like techniques to defend a company's IT systems by going on the offensive and instituting countermeasures to cyberattacks -- is generating much buzz. For example,...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

Viruses, Trojans and Spyware, Oh My! The Yellow Brick Road to Coverage in the Land of Internet Oz – Part I

We’re not in e-Kansas anymore. And there’s no denying that present day internet Oz, while extraordinary, is increasingly scary. Cyber attacks of various types continue to escalate across the globe. As aptly stated by one...more

Attacked On All Fronts : FTC Defends Its Authority to Sue Companies That Are Victims of Hacking for “Unfair” Security Practices

Getting hacked by Russian hackers three times in two years has turned out to be only half of the problem for Wyndham Worldwide Corporation. The Federal Trade Commission, in a broad interpretation of the authority granted to...more

Public Wi-Fi: Is it a Trick or Treat?

It may seem like a treat when you sit down at a local coffee shop, or lay down on the bed at a fancy hotel after a long day of traveling to see “Free Wi-Fi” pop up on your tablet, laptop or smartphone. Especially when there...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

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