Information Technology

News & Analysis as of

How to Prepare for an FDIC Cybersecurity Examination

FDIC bank examinations generally include a focus on the IT systems of banks with a particular focus on information security. The federal banking agencies issued Interagency Guidelines Establishing Information Security...more

Senior MP Calls for Regulatory Crackdown on Banks’ IT Systems: 3 Things You Can do to Prepare

The recent cyberattack on Tesco Bank’s IT systems has prompted Rt Hon. Andrew Tyrie MP, Chairman of the Treasury Committee, to call on regulators to take action against vulnerable bank IT systems... ...more

Data Protection Officer and IT Manager – Two Jobs That Do Not Match

Companies required to appoint a data protection officer (“DPO” ) in Europe should carefully consider which candidate is best to select for the job. A company established in Bavaria, Germany, was recently fined by the Bavarian...more

Real News - Autumn 2016

Today the internet could not be more central to everything we do. It is a prime example of the impact of technology on our lives and the best illustration that we ignore technology at our peril. That applies to the old...more

Federal Court Rules that FEC Cybersecurity Study is Exempt from FOIA Disclosure

Last week, a D.C. federal judge ruled that an investigative reporter was not entitled to a 2014 cybersecurity study performed by an outside vendor detailing vulnerabilities in the Federal Election Commission’s information...more

New IBM/Ponemon Study Shows Low Organizational Cyber Resilience

A new IBM/Ponemon Study released late last week, 2016 Cyber Resilient Organization, reveals that only 32 percent of IT and security professionals believe that their organization has a “high” level of cyber resilience....more

What if your E-Discovery Process was Like Thanksgiving Dinner?

The buzz around the office this week has been about turkey, dressing, and all the fixings (and of course the days of leftovers that follow!). But the key to Thanksgiving Dinner isn’t in the consumption but in the preparation....more

A Stick to Balance the Carrot: ONC Finalizes a New Framework to Address Non-Conformities in Certified Health Information...

The Office of the National Coordinator for Health Information Technology (ONC) has released a final rule (Final Rule) introducing a new regulatory framework for certified health information technology (Health IT). The use of...more

Mexican government proposes tax incentives on IT services and R&D activities for 2017

As part of the 2017 economic budget and proposed tax reform, the Mexican government intends to incentivize a couple of activities that may be intertwined: first, by allowing information technology (IT) services to qualify as...more

A Framework for Discovery Automation: eDiscovery Trends

Automation has been a recurring theme this year on this blog. At the beginning of the year, I declared that the age of eDiscovery automation is upon us. I’ve also spoken about discovery automation on numerous occasions,...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Central Bank Issues "Dear Chairman" Letter Regarding Directors' Time Commitments for Each Sub Fund - The Central Bank of Ireland issued a “Dear Chairman” letter on 8 September 2016, concerning its review of the number of...more

NIST Extends Deadline for Comments to Mobile Device Infrastructure Guidance

All enterprises are struggling with the security risks posed by the use of mobile devices by employees. Companies want their employees to have easy access to information so that they can perform their job functions in an...more

FFIEC IT Security Booklet Revised

On September 9, 2016 the Federal Financial Institution Examination Council (FFIEC) updated its Information Security Booklet (available here). In addition to certain editorial non-substantive changes, the modifications...more

IT Workers Lose Class Certification Battle

Perhaps no field of class action litigation in California is more fraught with complex certification issues than determining whether the administrative exemption applies to network, internet, and database administrators or...more

No Longer a Mirage: FCPA Compliance and Cooperation Has Its Benefits

On September 12, 2016, the SEC announced that it had reached a settlement with Jun Ping Zhang (“Ping”), a former executive of a Chinese subsidiary of Harris Corporation (“Harris”), regarding alleged violations of the Foreign...more

The Ping FCPA Enforcement Action: Lessons for the Compliance Practitioner

The Securities and Exchange Commission (SEC) settled a Foreign Corrupt Practices Act (FCPA) enforcement action against an individual earlier this month when it announced the resolution of a matter involving Jun Ping Zhang,...more

Claim For Fraudulent Wire Transfer Under Commercial Crime Policy Found to be Covered, Although Denial Not In Bad Faith

Principle Solutions Group, LLC, an information technology company, lost $1.717 million when it became the victim of a fraud scheme for which it sought coverage under the terms of a commercial crime policy issued by Ironshore...more

N.Y. Moves Ahead with Proposed Cybersecurity Regulations for Financial Institutions

The New York Department of Financial Services (NYDFS) will require all institutions subject to NYDFS supervision to establish and maintain a cybersecurity program meeting "certain regulatory minimum standards." All financial...more

Napoleonic E-Discovery: Legal Project Management is the Key to Efficient, Cost-Effective Operations

In the Information Age, Napoleon’s maxim doesn’t seem all that ground breaking, and yet, in many industries, managers still approach whatever challenges lie ahead by simply throwing resources and personnel at the problem. In...more

Survey Of Federal Government IT Personnel Finds Big Data Analytics Enhances Cybersecurity; Challenges Persist

On August 29, 2016, MeriTalk, a public-private partnership that works on government Information Technology (“IT”) issues, released a report titled “Navigating the Cybersecurity Equation.” The report examines how federal...more

IT and Legal Walk into a Bar: Why Strong Interdepartmental Relationships are a Must in E-Discovery

The E in E-Discovery requires expertise in tech as well as law, and the most successful in-house legal teams bring those disciplines together. Legal professionals become more technology savvy. IT team members begin to...more

The Goal of Gender Equality in Cybersecurity

I have the privilege of teaching the Privacy Law class at Roger Williams University School of Law (RWU). It is a required course for the school’s Joint Masters in Cybersecurity/Juris Doctor program, which is, to my knowledge,...more

OCR Plans to More Widely Investigate HIPAA Breaches Affecting Fewer than 500 Individuals

This month the HHS Office for Civil Rights (OCR) has launched an initiative “to more widely investigate the root causes” of HIPAA breaches affecting fewer than 500 individuals, according to an August 18, 2016 OCR email...more

Fourth Circuit Decision Reminds Employers That Overbroad Noncompete Agreements May Not Be Enforceable

If your company operates in a territory covered by the 4th circuit (Maryland, Virginia, West Virginia, North Carolina, and South Carolina) and requires employees to sign a noncompete agreement with language similar to the...more

Texas Comptroller’s Office Holds Roundtable on Proposed Regulation Targeting IT, Pharmaceutical Industries

On August 4, 2016, representatives of the Texas Comptroller of Public Accounts held a limited-invite roundtable to discuss the proposed amendments to 34 Tex. Admin. Code 3.584, relating to the reduced rate available under the...more

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