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Payne & Fears

Will You Accept Bitcoin? Ethical Challenges for Attorneys

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The proper use of social media, blogging, cloud computing, and crowdfunding are just a few of the ever-growing tech-related issues that have ethical implications for attorneys. We must add to the list the cryptocurrency...more

Snell & Wilmer

Snell & Wilmer Rolls Out Interactive Data Breach Map

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Snell & Wilmer’s Breach Response Team regularly guides clients through all phases of data breach and cyber incident response, including leading internal investigations related to data breaches and cyber incidents in...more

Baker Donelson

Closing Attorney Scams: Avoiding Fraudulent Wire Transfers

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As we move into the busy spring real estate cycle, criminals are targeting real estate agents and closing attorneys with increasing frequency. The scam begins with what appears to be a legitimate email from a party involved...more

Maynard Nexsen

When It Comes to Cybersecurity, Passwords are Passé

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In the ever-changing landscape of data security, it is increasingly clear that law firms of all sizes, from the one-lawyer shop to the 1,000-lawyer megafirm, are being targeted by hackers. As the methods used to gain access...more

Fish & Richardson

The CFAA: Shield or Anti-Competitive Sword in the World of Data Scraping?

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Most people think of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, as the federal criminal statute addressing computer hacking and other cybercrime. But as more and more businesses vest their enterprise value in...more

Ballard Spahr LLP

Ponemon Institute Study on Costs of Data Breaches Highlights Improvement and New Risks for U.S. and Global Companies

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The average cost of a data breach, on both an aggregate and a per-record basis, has decreased slightly according to the Ponemon Institute's 2017 Cost of Data Breach Study: Global Overview. In addition to presenting recent...more

Orrick, Herrington & Sutcliffe LLP

No Harm, But Foul? FTC Sues Internet of Things Maker D-Link for Security “Vulnerabilities” Despite No Allegations of Breach

Shortly after the new year, the Federal Trade Commission filed suit in the Northern District of California against D-Link Corporation, a Taiwan-based maker of wireless routers, Internet Protocol (IP) cameras, and software...more

Carlton Fields

Avoiding Close Calls: Sixth Circuit’s Galaria v. Nationwide Decision Offers Valuable Pleading Tips

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The Sixth Circuit’s split decision last month finding Article 3 standing in a data breach case is the first of its kind post-Spokeo. See Galaria v. Nationwide Nos. 15-3386/3387 (6th Cir. Sept. 12, 2016) (unpublished). It is...more

Fish & Richardson

Short-Sellers Partnering with Hackers: Exploiting Cybersecurity Fears for Short-Term Profit

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A research report released last week on the supposed cyber vulnerabilities of St. Jude Medical’s devices not only jeopardizes a pending $25 billion acquisition of the company by Abbott Laboratories, it opens a worrisome new...more

K&L Gates LLP

Hold On, You Didn’t Overpay for That: Courts Address New “Overpayment” Theory from Plaintiffs in Data Breach Cases

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With the ever-increasing amount of personal information stored online, it is unsurprising that data breach litigation has become increasingly common. A critical issue in nearly all data breach litigation is whether a...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - June 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the impact of Brexit on EU data protection, court rulings on cyber insurance policy exclusions and coverage gaps, recent statements from the FTC and the...more

BCLP

Data Privacy Considerations for Starting or Evaluating a Bounty Program

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Data security officers typically look for security risks by monitoring reports from automated security systems, listening to employees’ reports of security issues, and/or auditing IT systems. There is a great deal of debate,...more

Bennett Jones LLP

Cyber-Security and the Rise of the Vigilante Hacker - Can illegally obtained data be used in a civil proceeding?

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In the world of cyber hacks and leaks, there are two general categories of players: the fraudsters who steal data in order to obtain a profit, and the “hacktivists” who expose data, purportedly for the greater good....more

Gray Reed

Laremy Tunsil’s Draft Slide May Result in Criminal or Civil Liability

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If you watched the first round of the NFL Draft, the big story was the sliding of Ole Miss offensive tackle Laremy Tunsil out of the top five to number 13. As the draft was unfolding, someone released a video of him smoking...more

Pillsbury - Internet & Social Media Law Blog

From Ashley Madison to the Panama Papers: Is Hacked Data Fair Game?

We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more

Alston & Bird

Class Action Roundup: Winter 2016

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Where the (Class) Action Is - This issue of Roundup wraps up 2015 with another slate of interesting cases spanning industries and subject matter. The running theme of ascertainability is now stretching into antitrust...more

Fisher Phillips

Criminal Sanctions in a Trade Secret Dispute

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Just a few days after the Major League Baseball season opens next month, former St. Louis Cardinals scouting director Chris Correa will attend a sentencing hearing where he faces to up to five years in prison, a $250,000...more

Patterson Belknap Webb & Tyler LLP

The Evolving Landscape of “Hacking Back” Against Cyber Attacks

Self-defense is a natural, almost reflexive human instinct. But it has a complicated history in American law, full of contradiction and compromise. Many jurisdictions have long recognized that an otherwise illegal act—such...more

JD Supra Perspectives

Hacking Your Health: For Healthcare Providers, Risk Analysis Must Be Ongoing

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Healthcare providers would be wise to keep in mind that if a patient is harmed by a hacked medical device, Exhibit A in the negligence suit against them may be that provider’s risk analysis, or lack thereof....more

Carlton Fields

A Firewall for the Boardroom: Best Practices to Insulate Directors and Officers From Derivative Lawsuits and Related Regulatory...

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Shortly after the massive 2013 Target data breach, shareholders filed four derivative lawsuits against the company’s directors and some of its officers (13 CARE 624, 3/20/15). The shareholders alleged that the defendants had...more

Carlton Fields

Cybersecurity Coverage Litigation: Learning to Survive After the Second Wave Hits

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It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more

McDermott Will & Emery

Should We Hack Back?

“No,” says U.S. Assistant Attorney General Leslie R. Caldwell. At the most recent Cybersecurity Law Institute held at Georgetown University Law Center in late May, the head of the U.S. Department of Justice’s (DOJ) Criminal...more

BakerHostetler

A Deeper Dive: Risk Assessments Are a Necessary Step in Creating Layered Cyber Defenses

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Tens of thousands of cyber attackers employed by Chinese People’s Liberation Army and other employees and contractors of the Chinese Ministry of State Security work diligently every day to steal information from U.S....more

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