News & Analysis as of

Trans-Pacific Partnership Agreement Features Key Developments in Intellectual Property and Information Technology

On October 5, the 12 Trans-Pacific Partnership (“TPP”) countries announced that they had resolved all remaining issues and reached a final agreement on the long-anticipated regional free-trade agreement. As King & Spalding...more

Strike Suit Offers Conjectures, And Little More, About Scottrade Data Breach

As reported on Friday in the Krebs on Security blog, online broker Scottrade had sent an e-mail to customers earlier that day stating that it recently had learned from law enforcement officials that Scottrade was one of a...more

U.S., China Announce Cybersecurity Agreement During Xi Jiping’s Visit

Chinese President Xi Jinping made his first state visit to the United States last week, and his itinerary included meetings with U.S. technology company leaders as well as President Barack Obama. Not surprisingly, his hosts...more

Project CAMERASHY Details Cyberespionage By China’s Military

In a story reminiscent of a Tom Clancy plot, the Wall Street Journal reported last Thursday on “meticulously documented” cyberespionage conducted by China’s People’s Liberation Army (“PLA”) Unit 78020 to further strategic...more

Keep Your Frenemies Close: Proposed China Sanctions and the Price of Escalation

On August 30, 2015, the Washington Post broke a story that the Obama administration is developing a package of economic sanctions that will target Chinese companies and individuals who have benefitted from cybertheft. The new...more

China Promulgates Tougher Criminal Provisions Governing Data Privacy

One of the more dramatic privacy law developments in China in 2014 was the August criminal conviction of foreign nationals Peter Humphrey and Yu Yingzeng for their violation of Article 253 of the Criminal Law (??) associated...more

Privacy Monday – July 2015

Welcome to the dog days of summer 2015. Three privacy & security bits and bytes to start your week (if you are reading this on vacation … good for you!) 1. ICYMI: Massive Data Breach at OPM Claims Victim — The Director...more

New York Regulator Finds Substantial Cyber Vulnerabilities in Banking System

Earlier this month, Benjamin Lawsky, Superintendent of Financial Services for the New York State Department of Financial Services (NYDFS), released a report finding “significant potential” vulnerabilities for cyber theft of...more

Guard Your Sheep, The Dyre Wolf is Coming

IBM announced this week that it had uncovered a highly-sophisticated scheme to steal funds from medium to large U.S.-based companies. The scheme dubbed “The Dyre Wolf” only targets companies, unlike past schemes which also...more

Cyber Security: Forewarned is Fair-Warned

When Wei Wong, owner of Sushi Mushi, a popular Japanese food bistro in Texas, installed a phone add-on to take credit and debit card payments straight from his employees’ phones, his revenues skyrocketed. Yesterday the Feds...more

FINRA Issues Investor Alert Concerning Bitcoin Trading and Speculation

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to the collapse of the former top bitcoin exchange, Mt. Gox, stemming from the...more

Target and Neiman Marcus Face Government Probes and Litigation as a Result of Holiday-season Cyberattacks

The massive holiday hacking of consumer information belonging to Target and Neiman Marcus customers has the impacted retailers under a microscope. State Attorneys General across the country have banded together to launch a...more

Hackers' Withdrawal Of Funds Not Covered Under Property "All Risks" Policy

In Metro Brokers, Inc. v. Transportation Insurance Company, Inc. Civil Action no. 1:12-cv-3010-ODE, (2013), the United States District Court for the Northern District of Georgia applied Georgia contract law to find no...more

Dermatology Practice Agrees to Settlement in Connection with HIPAA Breach

A Massachusetts-based dermatology practice recently agreed to pay $150,000 to settle claims that it failed to have sufficient policies and procedures in place to address a breach notification requirement under the HITECH Act....more

Accretive Health Data Breach Leads To Twenty-Year Settlement With The FTC

On December 31, 2013, the Federal Trade Commission ("FTC") announced that Accretive Health, Inc., ("Accretive") agreed to settle charges that the company's inadequate data security measures exposed sensitive consumer...more

The Number of The Day: 70 Million (at least)

The Target data breach story keeps getting worse. The December pre-Christmas disclosure was the theft of up to 40 million Target shoppers’ credit and debit card information in what appeared to have been a hack of the Target...more

Act Now Advisory: Court's Ruling That Employees Have No Blanket Entitlement to Take Employer's Confidential Documents for...

In a case that may have a broad impact, the New Jersey Appellate Division issued a decision on December 24, 2013, upholding criminal charges against a former school board clerk who took hundreds of confidential documents for...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

CIS Legal Update - September 2013: Russia Joins the Fight Against Online Piracy

In response to mounting global pressure to implement effective legislation to curb Russia’s rampant online piracy, the President of Russia on July 2, 2013 signed Federal Law No. 187-FZ “On Amendments to Certain Legislative...more

UPDATE: Sur-Sur-Sur Reply Highlights The Short Arm Of U.S. Law In Trade Secret Theft

A few months ago, we discussed the federal government’s difficulties prosecuting foreign companies and individuals for theft of U.S. trade secrets. We highlighted three cases in which foreign defendants effectively stalled...more

Quick Links – August 2013

Because of an extended working vacation away from Houston’s heat in Colorado, I’ve been away from the blog. Like my kids gearing up to go back to school, I’m getting back to the normal work mode back in the office while...more

Pirates, or Freedom Fighters on the Electronic Frontier, Copyright Changes for the Digital Age?

The U.S. Patent and Trademark Office (USPTO) announced this month that they will be engaging with stakeholders through public comments and roundtables to study a variety of policy issues highlighted in the Department of...more

Federal Prosecutors Indict Accused Data Thieves

Federal prosecutors announced yesterday the indictment of five men accused of involvement in the theft of over 160 million credit card numbers....more

Police Unit for Online Piracy Established (United Kingdom)

Lord Younger, in his capacity as Intellectual Property Minster, has announced that a new IP police unit is to be created by September of this year. ...more

It’s Not Just For Patents Anymore: Using The ITC To Combat Theft Of Trade Secrets

Trade secret theft knows no borders in an age of cybertheft and global corporate espionage....more

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