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The Destruction of Privilege and Work Product Protection for Data Breach Investigations?

Attorneys play an important role in the incident response process. A skilled and experienced attorney can help organizations effectively respond to a security incident in a way that complies with obligations, protects key...more

Increased Ransomware Attacks Affecting All Industries

Organizations across all industries, including government agencies, are facing a surge of ransomware attacks launched by cybercriminals. New types of ransomware principally causing this surge have the potential to cause...more

Ohio Law Offers Safe Harbor to Companies Meeting Cyber Standards

Ohio will soon have a law in place that provides a “legal safe harbor” from tort claims related to a data breach, to entities that have implemented and comply with certain cybersecurity frameworks. It remains to be seen...more

[Webinar] Building Cyber Resilience: Compromise Response Intelligence in Action - April 11th, 11:30am ET

Cyber threats are here to stay. No company, large or small, is immune. But there are basic measures you can take to prepare for the legal and business risks associated with an attack. Join members of BakerHostetler’s...more

SEC Clarifies Existing Cybersecurity Disclosure Guidance

On February 21, 2018, the U.S. Securities and Exchange Commission (“SEC”) issued cybersecurity disclosure guidance for public companies (“SEC Guidance”) that, according to SEC Chair Jay Clayton, “reinforces and expands” on...more

[Webinar] Be Compromise Ready: Go Back to the Basics - May 9th, 12:00pm EDT

Cyber threats are here to stay. No company, large or small, is immune. But there are basic measures you can take to prepare for the legal and business risks associated with an attack....more

Be Compromise Ready: Go Back to the Basics

We are excited to release our third annual BakerHostetler Data Security Incident Response Report. This report analyzes the more than 450 data security incidents we led clients through in 2016. Companies continued to...more

What Can Be Learned From 2016 Security Incidents?

Cue the year-end articles saying that this was the worst year to date for data breaches. Follow that with more dire predictions for 2017. Layer in one-size-fits-all recommendations to mitigate these risks. And finish with...more

The BakerHostetler Data Security Incident Response Report 2015

The rate of disclosures of security incidents in 2015 continues at a pace that caused many to call 2013 and then 2014 “the year of the breach.” Most incidents are described publicly with attention-grabbing terms such as...more

Secret Service Raises Warning About Backoff POS Malware

The Secret Service, which investigates financial crimes, issued a security Alert on July 31, 2014, warning of malware named “Backoff” that was being used to steal payment card data from point-of-sale (POS) systems. The Alert...more

New Guidance for Merchants on Ensuring that Service Providers Share Security Responsibility

For merchants, long gone are the days of using a card reader with a dial-up connection to their payment processor. Today’s omni-channel retailers rely on multiple third party service providers to complete payment card...more

What’s Old is New Again—Insecure Remote Access

When a merchant is suspected of being the victim of an account data compromise event, they are often required by the card brands to hire a Payment Card Industry Forensic Investigator (PFI). The PFI provides a report on the...more

What is “Expedient” Notification of a “Data Breach?”

One of the first questions companies ask us when we are hired to help them respond to a new security incident is how fast they have to notify if the investigation shows that a “breach” occurred. Except for a couple of states...more

Do Merchants That Outsource Payment Processing Still Have Risk From a Breach?

Last week a small New England bakery announced that its point-of-sale (POS) devices were infected with malware that may have put card data at risk....more

Bank Agrees to Reimburse Company for Funds Taken Through Online Bank Account Theft

We reported in July on a First Circuit Court of Appeals decision finding that a bank failed to implement commercially reasonable security methods to prevent unauthorized transfers by a criminal that gained the online banking...more

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