Q: The FDA’s stance on a regulatory framework for artificial intelligence and machine learning (AI/ML) software as a medical device is continuously evolving. Could you explain the history? A: Artificial intelligence (AI) is...more
2/5/2021
/ Artificial Intelligence ,
Cybersecurity ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Machine Learning ,
Manufacturers ,
Medical Devices ,
Medical Software ,
Personal Data ,
Popular ,
Preemption ,
Software Developers
October marks the seventeenth annual National Cybersecurity Awareness month in the United States and provides an opportune moment to take stock of an extraordinary year. The past year has seen a rise in high-profile data...more
Ransomware attacks – cyber attacks in which the hackers encrypt and disable an organization’s computers and demand a ransom to provide the decryption key – continue to hit organizations throughout the country. Perhaps even...more
The security and confidentiality of a company’s data is paramount. As businesses grapple with the COVID-19 pandemic and the need for employees to work remotely, it is important to remain focused on ensuring the security and...more
Earlier this month the Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act") went into effect. The law, which was signed in July of last year by Governor Andrew Cuomo, makes several important changes to New...more
Organizations across the United States are preparing to respond to increasingly dire warnings from public health authorities and the need to take action to mitigate the spread of the coronavirus and the disease it causes,...more
3/17/2020
/ Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Emergency Response ,
Networks ,
Popular ,
Privacy Laws ,
Remote Working ,
Risk Management ,
State of Emergency ,
Telecommuting ,
Virtual Private Networks
Q: How is the shift of medical devices moving to the Internet of Things affecting the health care industry?
A: Connected medical devices routinely record sensitive health information about a patient. This critical...more
11/26/2019
/ Cybersecurity ,
Data Collection ,
Hackers ,
Health Care Providers ,
Internet of Things ,
Medical Devices ,
PHI ,
Professional Liability ,
Risk Management ,
Security and Privacy Controls ,
Third-Party Liability
Q: Who in a company is vital for cybersecurity management?
Seth Berman: Cybersecurity is everyone’s responsibility. The board and senior management must set the priorities and shape the culture, but even the lowest-level...more
“Where was the Board?” is asked every time a major hacking causes yet another data breach. Data breaches and ransomware attacks occur every day, with massive impacts on companies’ finances, market value, and reputation. In...more
Tom Curry, a partner in Nutter’s Corporate and Transactions Department and a co-leader of the firm’s Banking and Financial Services Group, and Seth Berman, a partner and leader of Nutter’s Privacy and Data Security practice...more
The first week of January 2018 brought disturbing news on the cyber security front – and for once it was not the result of corporate ineptitude or poorly designed software. Actually, it was far worse. Independent security...more
The near-daily reports of massive hacking incidents continue to demonstrate a shocking level of corporate incompetence. In September, we learned of the Equifax breach, which was breathtaking both in its scope and in Equifax’s...more
Seth Berman, a partner in Nutter’s Litigation Department and a leader of the firm’s Privacy and Data Security practice group, analyzed the intersection of cybersecurity and human resources in Nutter Insights. Seth outlined...more
The U.S. Department of Homeland Security named October “National Cyber Security Awareness Month,” and has given it the not-so catchy acronym of NCSAM. Though one might quibble with the choice of name, the many spectacular...more
Equifax’s stunning security breach and inadequate response has now claimed its most prominent victim – the CEO of Equifax, Richard Smith, announced his immediate resignation.
In light of this rapid fall from grace, here...more
9/29/2017
/ Attorney General ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Department of Justice (DOJ) ,
Equifax ,
Federal Trade Commission (FTC) ,
Hackers ,
Incident Response Plans ,
Insider Trading ,
NYDFS ,
Popular ,
Public Relations