News & Analysis as of September 19, 2024

Cyber Attacks

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A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure. Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera. less -

Cybersecurity and eDiscovery: What you need to know about your vendor

Array on 1/31/2023

Baker McKenzie recently released their sixth annual edition of ‘The Year Ahead: Global Disputes Forecast’ in which senior legal and risk leaders share what they expect to see in the coming year. From an overarching...more

How to Improve Information Governance and Cyber Security

TransPerfect Legal on 8/5/2021

Australian government research shows cyber-crime is costing the Australian economy approximately $3.5 billion a year. In fact, the government is considering whether to impose personal liability on corporate directors for...more

New Federal Tools Can Help Private Sector Protect Trade Secrets From Cyberattacks – And May Soon Require Reporting

Fisher Phillips on 4/5/2021

Cybersecurity was undoubtably on the forefront of the agenda for many organizations in 2020 – and 2021 should be no different. The rapid shift to remote work over the past year has led to an increased number of cybersecurity...more

[Webinar] Primers for Pandemic Litigation Update - Critical Assets at Risk: Protecting Data Privacy and Trade Secrets during...

Blank Rome LLP on 6/12/2020

With the COVID-19 related increase in remote work, anxious employees are being increasingly targeted by cyber criminals and hackers with phishing scams, business e-mail compromise schemes, and malicious ransomware. At the...more

FBI and CISA Issue Joint Warning to Academic Institutions and Research Organizations About Targeting of COVID-19 Research

Seyfarth Shaw LLP on 5/19/2020

On May 13, 2020, the Federal Bureau of Investigation (FBI) and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) issued a joint Public Service Announcement (PSA) about a threat to...more

Employment Law This Week®: Protecting Your Trade Secrets from Insider Threats

Epstein Becker & Green on 10/22/2018

Cyberattacks have emerged as a critical threat to trade secret security. This Employment Law This Week Deep Dive episode focuses on cybersecurity and protecting your trade secrets from attacks that occur from inside your...more

Cyber Insurance: Get What You Pay For

Fisher Phillips on 8/4/2017

Due to the increasing number of successful and attempted cyber-attacks and increased government scrutiny surrounding protection of confidential information, companies cannot ignore the various risks associated with potential...more

Cybersecurity 2017: The Year in Preview

Foley Hoag LLP on 2/16/2017

Introduction - Cybersecurity was a prominent factor in 2016 in all aspects of government, business and personal affairs. Russian and other foreign national hacking has the potential to spark a new form of cold...more

Cybersecurity 2017 – The Year In Preview: Trade Secret Theft Takes Center Stage

Foley Hoag LLP - Security, Privacy and the... on 11/21/2016

Editor’s Note: This is the first of an end-of-year series of posts examining coming trends in cybersecurity. Posts will examine trends in state regulations, federal regulatory authority, the changing nature of the threat...more

Trade Secrets and Cloud Services: Is the Sky the Limit?

Orrick - Trade Secrets Group on 5/5/2016

Germany is not only known as one of the best countries for enjoying beer and bratwurst, but it is also known as a country with some of the strictest data privacy laws on the planet. Within this environment, should companies...more

A Closer Look at Cybersecurity Legislation and Regulations in the US and Abroad - Global Overview

WilmerHale on 3/7/2016

With interconnectivity and use of digital storage expanding, cyberthreats posed by nation states, commercial competitors, company insiders, transnational organised crime and ‘hacktivists’ are growing on a global basis. Recent...more

New York Stock Exchange releases cybersecurity guide for public companies

Robinson+Cole Data Privacy + Security Insider on 10/23/2015

We continue to urge CEOs and boards of public companies (and private and not-for profits) to harken the call of getting a handle on cybersecurity risk to companies today. Not too soon, the New York Stock Exchange published a...more

U.S. Considers Sanctions Against China For Cyber Hacking And Trade Secret Misappropriation

Orrick - Trade Secrets Group on 9/8/2015

You may have missed it this past weekend, but reports indicate the United States is considering sanctioning Chinese companies and individuals who have benefited from their government’s alleged cyber hacking of U.S. trade...more

Throwback Thursday: Why Trade Secret Theft Isn’t Just a Digital Problem And What Businesses Can Do About It

Orrick - Trade Secrets Group on 9/4/2015

With stories of cyberattacks and data breaches on a seemingly endless loop, businesses and governments have been doubling down on their efforts to protect digital information and assets. But, in some industries, the greatest...more

Hacking Your Rivals – Corporate Espionage in Major League Baseball

Orrick - Trade Secrets Group on 7/13/2015

As we approach the dog days of summer, baseball season is again in full bloom. We previously discussed old-fashioned sign stealing in the context of teams trying to gain a competitive advantage during an actual game. But it...more

Will Your Cyber Insurance Respond When You Need It Most?

Orrick - Trade Secrets Group on 5/26/2015

On May 7, Columbia Casualty Company, an insurance company, filed one of the first lawsuits by an insurer seeking to deny coverage for a privacy class action under a cyber insurance policy. Why is this significant? As the...more

Executive Order Creates Cybersecurity Sanctions Framework

WilmerHale on 4/3/2015

On April 1, 2015, President Obama issued an Executive Order authorizing the imposition of sanctions against designated individuals or entities found to be engaged in malicious cyber activity, including various forms of...more

Trade Secrets Protection Act of 2014 Introduced in Bi-Partisan Effort to Protect Businesses From Cyber Security Threats

Moore & Van Allen PLLC on 8/5/2014

On July 29, 2014, North Carolina Congressman George Holding introduced the Trade Secrets Protection Act of 2014, H.R. 5233, which seeks to create a private federal remedy for victims of trade secret theft. Representative...more

Trade Secrets Watch 2013 Year-In-Review

Orrick - Trade Secrets Group on 12/20/2013

It’s been a hot year in the trade secrets field, with some huge verdicts and settlements, a renewed spotlight on cyberattacks, and an unusual flurry of trade secrets legislation. Trade Secrets Watch’s 2013 Year-in-Review...more

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

Orrick - Trade Secrets Group on 9/25/2013

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

The Short Arm Of The Law: U.S. Problems Prosecuting Foreigners For Trade Secret Theft

Orrick - Trade Secrets Group on 7/11/2013

They say politics stops at the water’s edge. Increasingly, so does the power of the United States to thwart trade secret theft....more

The Real Lesson of Chinese Cyberhacking

Orrick - Trade Secrets Group on 5/1/2013

There’s been a lot of news lately about the Chinese military allegedly launching cyber attacks to steal U.S. trade secrets. This has gotten people riled up, including the President of the United States, who issued a 5-point...more

Obama Administration Reports on Efforts to Prevent Trade Secret Misappropriation

McDonnell Boehnen Hulbert & Berghoff LLP on 2/26/2013

The Obama Administration issued a Report earlier this month, entitled "Administration Strategy on Mitigating the Theft of U.S. Trade Secrets," that sets forth its efforts to prevent trade secret misappropriation. The Report...more

The Storm Has Arrived: Cybersecurity, Risks And Response

The Volkov Law Group on 2/25/2013

Every day the headlines report another Fortune 500 company suffering a hacking incident. For companies, the hack itself creates substantial risks of economic devastation caused by the theft of valuable trade secrets. Add to...more

APT Threat Report Shows Cybersecurity Risks Not Limited to Identity Theft

BakerHostetler on 2/22/2013

We often talk to companies who believe they are an unlikely target for hackers because they do not have financial account information, Social Security numbers, or medical information. However, personal information is not the...more

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