Cybersecurity

Coverage spans state and federal laws and international regulations as well as the measures and technologies used to comply with them. Also cover breaches impacting law firms and find the legal angle for those covering corporations. Litigation ensuing from breaches is covered as well

Legaltech News |Analysis Best Practices

Small Firms May Consider Themselves Unlikely Cyber Targets—But They Aren't

Frank Ready | November 19, 2018

While small firms may believe themselves to be less likely targets for cyber-related incidents, hackers may view them as the path of least resistance in an attempt to reach valuable data.
Legaltech News |Commentary

Prepping a Mock Notification Letter Before a Cybersecurity Breach Hits

Stephen Moore, Exabeam | November 16, 2018

During a company's process of creating their mock letter, they will undoubtedly expose weaknesses in their systems, procedures, policies and responsibilities. This gives time to start addressing these problems proactively.
National Law Journal |News

DC-Area Lobbyists Helped Lay Groundwork for Amazon's HQ2

Ryan Lovelace | November 15, 2018

Amazon is coming to Crystal City. Or is that "National Landing"?
Legaltech News |Analysis News

Law Firms Are Not Deploying Top-Rated Cybersecurity Protocols: Survey

Frank Ready | November 15, 2018

LogicForce's recent Law Firm Cybersecurity Scoreboard shows that when it comes to determining an approach to cybersecurity, clients might be leading the way.
National Law Journal |News

New Conservative Lawyers' Group 'Checks and Balances' Bristles at Trump

Marcia Coyle | November 14, 2018

The group, self-styled as Checks and Balances, emerged publicly just two days before the annual meeting in Washington of the conservative Federalist Society where the new group's formation and "mission statement" are likely to be a hot topic of conversation.
The Recorder |News

Could Yahoo Breach Settlement Be the First Test of New Class Action Guidelines?

Amanda Bronstad | November 14, 2018

Lawyers have responded to U.S. District Judge Lucy Koh's questions in what could be the first test case for new class action settlement guidance in California's Northern District.
Litigation Daily |News

Yahoo Breach Settlement Could Be the First Test of New Class Action Guidelines

Amanda Bronstad | November 14, 2018

Lawyers have responded to U.S. District Judge Lucy Koh's questions in what could be the first test case for new class action settlement guidance in California's Northern District.
Legaltech News |Analysis News

Data and Advertising Companies Want 'New Paradigm' of Privacy Regulations

Frank Ready | November 14, 2018

The Coalition of Advertising, Software Media and Data Associations is advocating for a federal cybersecurity standard that represents a 'new paradigm' in data security regulation.
Legaltech News |Analysis

Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things

Michael Bahar, Frank Nolan and Trevor Satnick, Eversheds Sutherland | November 14, 2018

Companies impacted by California's SB-327—especially manufacturers and distributors of IoT devices—should work to ensure compliance with the act as soon as possible if regulatory fallout is to be avoided come January 2020.
Corporate Counsel |News

Risky Business: What's Worrying Execs in Different Regions of the World?

Phillip Bantz | November 13, 2018

The World Economic Forum's 12th annual “Regional Risks for Doing Business” offers a look at what executives in different regions view as their biggest threats. The study found that concerns about cyberattacks are on the rise, especially in the world's most advanced economies, while the primary worries for execs worldwide centered on unemployment and government failure.
International |News

What Worries Business Executives Around the World?

Phillip Bantz | November 13, 2018

The World Economic Forum's 12th annual “Regional Risks for Doing Business” offers a look at what executives in different regions view as their biggest threats.
Legaltech News |News

Cyberattacks Rising on the List of Global Exec Worries

Phillip Bantz | November 13, 2018

The World Economic Forum's 12th annual 'Regional Risks for Doing Business' study found that concerns about cyberattacks are on the rise, especially in the world's most advanced economies, while the primary worries for execs worldwide centered on unemployment and government failure.
The Recorder |Q&A

Women Leaders in Tech Law 2018: Jan Kang, Chronicle LLC

Ross Todd | November 12, 2018

Kang helped Google's parent company Alphabet roll out Chronicle, a cybersecurity company whose tagline is "Give Good the Advantage."
Daily Business Review |News

Baker Donelson Boosts Data Protection Practice With New Hire in Florida

Dylan Jackson | November 12, 2018

Aldo Leiva, who specializes in privacy compliance and cybersecurity issues, will be based in Fort Lauderdale.
Law.com |Best Practices

Why Do Cybersecurity Programs Fail?

Chris Moschovitis | November 12, 2018

It seems this should be a key question for everyone in business, government, technology, and cybersecurity: If we know the problem with cybersecurity, and have ways of methods of addressing the problem, why are we still failing?
Legaltech News |Best Practices Analysis

Courts Haven't Given Undercover Cops Much Reason to Stay Off Facebook

Frank Ready | November 12, 2018

Law enforcement has successfully used social media to go undercover and monitor potential bad actors. Facebook's policies prohibit such behavior, but the courts don't seem to mind.
Legaltech News |News

Intel Publishes Own Proposed Bill on Federal Data Privacy

Dan Clark | November 12, 2018

David Hoffman, Intel's associate general counsel and global privacy officer of the Santa Clara-based company said, 'Our model bill is designed to spur discussion that helps inspire meaningful privacy legislation.'
Corporate Counsel |News

Intel Publishes a Proposed Bill on Data Privacy

Dan Clark | November 09, 2018

David Hoffman, Intel's associate general counsel and global privacy officer of the Santa Clara-based company said, “our model bill is designed to spur discussion that helps inspire meaningful privacy legislation.”
Corporate Counsel |News

Why Trade-Secret Theft Prosecutions vs. China Are Trending: Lawyers Explain

Phillip Bantz | November 09, 2018

As U.S. and China trade tensions escalate, the U.S. Department of Justice has been prosecuting trade misappropriation cases more often. “I imagine that some of these cases have been worked on for years now and there was a policy judgment in the Trump administration that we would start prosecuting these cases,” said a trade lawyer and former DOJ prosecutor.
International |News

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise

Phillip Bantz | November 09, 2018

It's the first time you have an initiative within the DOJ focused on a particular country.
The Recorder |News

Seeing More Trade-Secret Theft Prosecutions Involving China? Here's Why

Phillip Bantz | November 09, 2018

Arent Fox's Dana Finberg called recent developments 'a sign that the DOJ is going to take matters into its own hands more, rather than try to get cooperation from the Chinese authorities.'
Corporate Counsel |News

GDPR Fine Against Portuguese Hospital Puts Health Care Providers on Alert

Kristen Rasmussen | November 09, 2018

A 400,000-euros fine against Portuguese hospital Central Hospital of Barreiro Montijo for allowing too many employees to have access to patient data is the among the first GDPR enforcement actions in the EU.
Legaltech News |Analysis

What Chicago Public Schools Can Teach About Determining Breach Liability

Frank Ready | November 09, 2018

A former contractor at Chicago Public Schools allegedly stole data pertaining to volunteers, vendors and staff. Determining where the liability falls between school and contractor isn't always cut and dry.
Legaltech News |Analysis

Understanding the Intersection Between GDPR and Cybersecurity

Jake Frazier and Anthony J. Ferrante, FTI Consulting | November 09, 2018

It's been about half a year since Europe's GDPR was activated, and we're now seeing early examples of enforcement activity. Those are helping organizations better understand the long-term landscape for compliance.
Law.com |Q&A

How I Made Partner: Orrick's Emily Tabatabai

ALM Staff | November 09, 2018

The career path of this cybersecurity lawyer was unconventional, and she advanced at her own pace.
Legaltech News |News

FDA's New Cybersecurity Guidance for Medical Devices Receives Wary Welcome

Victoria Hudgins | November 09, 2018

The U.S. Food and Drug Administration's new draft recommendations wouldn't establish any legally enforceable responsibilities, but would offer many cybersecurity suggestions for medical devices.
Litigation Daily |Quick Takes

Judge Asks for a Cybersecurity Schooling in Facebook Breach Cases

Ross Todd | November 08, 2018

Mark your calendars, cyber-enthusiasts: Judge William Alsup is asking attorneys in a suit against Facebook over the massive data breach it disclosed in September for a rundown on "the subject of data privacy and the technology used to both protect and attack it."
The Recorder |Quick Takes

In Facebook Breach Cases, Judge Asks for a Cybersecurity Schooling

Ross Todd | November 08, 2018

Mark your calendars, cyber-enthusiasts: Judge William Alsup is asking attorneys in a suit against Facebook over the massive data breach it disclosed in September for a rundown on "the subject of data privacy and the technology used to both protect and attack it."
Legaltech News |News

ABA Says Lawyers Must Monitor for Data Breaches, Inform Affected Clients

Victoria Hudgins | November 08, 2018

The American Bar Association issued guidance regarding lawyers' obligations under the Model Rules of Professional Conduct to prevent a breach of client's data and their ethical responsibilities if a breach occurs.
Law.com |

Inside Track: Bring on the Law Firm Freebies! Plus, a Privacy Bill With Teeth

Dan Clark | November 07, 2018

A GC makes the case that law firms shouldn't sweat the "small stuff." Also, new charges show the danger of trade secrets theft often lurks within.
Corporate Counsel |News

US Senator Proposes Data Protection Bill Imposing Criminal Fines and Penalties for Breaches

Dan Clark | November 07, 2018

U.S. Sen. Ron Wyden, D-Oregon, has announced draft legislation for a data protection bill that would impose severe criminal penalties for violations including heavy fines for companies, and possible 10- to 20-year prison sentences for senior executives at the world's largest data collectors.
Legaltech News |Analysis

Consumer Adoption of Blockchain Might Not Erase Privacy Concerns

Frank Ready | November 07, 2018

While the widespread adoption of blockchain has benefits for the legal industry, it also creates new questions around privacy and cybersecurity.
Legaltech News |Commentary

Elections: The Hidden Security Danger for Governments

Roy E. Hadley, Jr., Adams and Reese | November 06, 2018

The news is replete with alleged actions of foreign governments and hackers trying to impact the democratic election process in the United States. It is incumbent upon the state and local governments to ensure the security of all elections.
Legaltech News |News

Appeal Over OPM Data Breach Dismissal May Mean 'Uphill Battle' for Federal Government

Amanda Bronstad | November 06, 2018

A federal appeals panel appeared poised to overturn dismissal of two data breach cases against the U.S. Office of Personnel Management based on standing.
Legaltech News |News

New Canadian Data Breach Notification Requires Recording All Breaches

Victoria Hudgins | November 06, 2018

Whether a breach affects one person or one million, a company is required to report that breach to Canada's Office of the Privacy Commissioner if there's a real risk of significant harm.
National Law Journal |News

Federal Government Could Face 'Uphill Battle' in Appeal of OPM Data Breach Dismissals

Amanda Bronstad | November 05, 2018

A federal appeals panel appeared poised to overturn dismissal of two data breach cases against the U.S. Office of Personnel Management based on standing.
The Mid Market Report |

When Protecting Sensitive Data, a Firewall and Cloud-Shift Isn't Enough

John Parmley and David Crawford | November 05, 2018

When it comes to cyber infrastructure, many firms are unaware of the true size of their attack surface and just how vulnerable their confidential assets actually are.
Legaltech News |Analysis

Implementing New Data Protection Law May Fall to Incoming Brazilian President

Ed Silverstein | November 05, 2018

"Right now, the most pressing issue is to make sure a proper Data Protection Authority is created and staffed by people with the necessary legal and technical backgrounds to enforce the law in a balanced way," says Brazilian attorney Marcel Leonardi.
Legaltech News |Analysis

Data Breach Lawsuit Against Yale Provides Lessons for Other Universities

Ed Silverstein | November 02, 2018

The Mason v. Yale complaint has demonstrated the financial issues at stake for universities with data breaches, but there are steps they can take to protect themselves immediately.
Legaltech News |Analysis

A 24/7 Approach to Breach Response Is Not for the Faint of Heart

Frank Ready | November 02, 2018

Lewis Brisbois' data privacy and cybersecurity division recently launched an app that will give users 24/7 access to its breach response team. Providing that level of service requires a strong infrastructure and some occasional late nights.
Legaltech News |Commentary

Nervous System: Taking Biometrics at Face Value

David Kalat, Berkeley Research Group | November 02, 2018

The process of identifying criminals through photographs dates back to the 19th century, but the introduction of software took Bertillon-style databases to the next level.
The Legal Intelligencer |Commentary

Can the Law Keep Up With the Internet of Things?

Jeffrey N. Rosenthal and Thomas F. Brier Jr. | November 02, 2018

In 1999, renowned inventor and self-described futurist Ray Kurzweil—now director of engineering at Google—published "The Age of Spiritual Machines," in which he proposed a formula for calculating the rate of change in evolutionary systems.
Law.com |Analysis

Elections: The Hidden Cybersecurity Danger for Governments

Roy E. Hadley, Jr. | November 01, 2018

The news is replete with alleged actions of foreign governments and hackers trying to impact the democratic election process in the United States. It is incumbent upon the state and local governments to ensure the security of all elections.
Legaltech News |News

Alleged Jet Maker Spy Plot Should Be a Wake-Up Call, Cybersecurity Experts Say

Dan Clark | November 01, 2018

The DOJ has indicted of a team of Chinese government intelligent officers and hackers in connection with alleged trade secret theft from a partnership of U.S. and French jet engine companies and their suppliers.
International |News

Cybersecurity, IP Experts Say Alleged Chinese Theft of Jet Engine Trade Secrets is a Wake-Up Call

Dan Clark | October 31, 2018

The indictment of a team of Chinese government intelligent officers and hackers in connection with alleged trade secret theft from a partnership of U.S. and French jet engine companies and their suppliers is a wake-up call for American businesses, some lawyers said.
Corporate Counsel |News

Cybersecurity and IP Experts Warn Alleged Jet Maker Spy Plot Is a Wake-Up Call

Dan Clark | October 31, 2018

The indictment of a team of Chinese government intelligent officers and hackers in connection with alleged trade secret theft from a partnership of U.S. and French jet engine companies and their suppliers is a wake-up call for American businesses, some lawyers said.
The American Lawyer |News

Foley & Lardner Suffers 'Cyber Event,' Says Data Safe, As Law Firms Remain Targets

Roy Strom | October 29, 2018

Law firms are as big a target for hackers as ever. Plus, look out for "cryptojackers."
Legaltech News |Analysis

European Parliament Explores Regulating Blockchain, With Focus on Trust

Frank Ready | October 29, 2018

The European Parliament's non-legislative resolution exploring the regulation of blockchain technologies underscored how trust will likely play a key factor in any future oversight.
International |

Vietnam Prepares to Implement Data Localization Law as Enforcement Questions Remain

Victoria Hudgins | October 29, 2018

Vietnam's cybersecurity law, set to go into effect in January 2019, requires any online service provider that collects, analyzes or processes Vietnamese users' personal data to host that data, and have a physical office, in the country.
New Jersey Law Journal |News

Rutgers Computer Hacker Ordered to Pay $8.6M in Restitution

Katheryn Tucker | October 26, 2018

"Paras has completely turned his life around, he is now a mature, responsible young man who sincerely regrets his past actions. He will continue to live up to the court's expectations and will work hard to repay the loss to Rutgers," said defense attorney Robert Stahl.
Corporate Counsel |News

Political Turmoil and Technology Dominate C-Suite Concerns, Survey Says

Phillip Bantz | October 26, 2018

In the midst of growing political tension, more than two-thirds of the survey participants said they expected that they'd be asked to take a stance on significant societal issues in the coming year.
Legaltech News |Commentary

Fighting Biometric Fraud on the Blockchain

Alastair Johnson, Nuggets | October 26, 2018

The use of SMS verification codes as a security measure has recently been exposed as a mere stop-gap solution, but meanwhile biometrics is proving to be one of the best new technologies to combat fraud and identity theft.
Legaltech News |Commentary

Cybersecurity Awareness Month: The Human Side of Safeguarding Trade Secrets

Eyal Iffergan, Hyperion Global Partners | October 26, 2018

How can companies protect the sanctity of their assets and the value derived from them without falling victim to misappropriation and the catastrophic economic damage it can cause?
Corporate Counsel |Q&A

SEC Warns Companies on Spoof Emails: Q&A With Bass, Berry & Sims Litigator

Dan Clark | October 26, 2018

I think the SEC is inching closer to the point where they're going to take action on companies that don't have adequate safeguards.
The Legal Intelligencer |

$5.7M Slated for Pa. in Uber Data Breach Settlement

Dan M. Clark | October 25, 2018

Uber has agreed to pay a record $148 million in state and local penalties to settle allegations that the company intentionally concealed a major data breach in 2016 that exposed the personal information of 57 million people, with $5.7 million going to Pennsylvania, state Attorney General Josh Shapiro's office said.
Corporate Counsel |Q&A

How to Prevent Data Theft While Traveling Abroad: Trade Secrets Lawyer Advises GCs, Companies

Phillip Bantz | October 25, 2018

Miami trade secrets attorney Eric Ostroff spoke with Corporate Counsel about safeguarding proprietary information when employees venture into foreign countries on business and what companies can do after a breach.
The American Lawyer |Q&A

How to Prevent Data Theft While Traveling Abroad

Phillip Bantz | October 25, 2018

Miami trade secrets attorney Eric Ostroff discusses safeguarding proprietary information when lawyers venture into foreign countries.
International |Q&A

Traveling Abroad? Here's How to Prevent Data Theft

Phillip Bantz | October 25, 2018

Miami trade secrets attorney Eric Ostroff discusses safeguarding proprietary information when lawyers venture into foreign countries.
Legal Week |News

Taylor Wessing pilots cybersecurity software to assist clients

Andrew Messios | October 25, 2018

The software, created with cyber-security developer Pervade, will help clients protect themselves from hackers
Legaltech News |Analysis

Erasing a Commercial Relationship Won't Do the Same for Your Data

Frank Ready | October 25, 2018

Despite privacy laws like the GDPR and the California Consumer Privacy Act of 2018, ending a commercial relationship doesn't mean that your data is no longer in play.
Legaltech News |News

Stormy Seas Ahead? Maritime Industry Unprepared for Cyberattacks, Survey Says

Phillip Bantz | October 25, 2018

Cyberattacks on the maritime industry could expose client data and have far-reaching collateral consequences for an array of U.S. businesses that are involved in importing, exporting or have other ties to the shipping world.
Legaltech News |Commentary

The Blockchain Will Support GDPR, but Not How Most People Think

Michael Smolenski, Lightstream | October 24, 2018

It's clear that the onset of GDPR regulations and a quickly changing consumer sentiment about the sensitivity and value of their personal data will reorient a company's interactions with their customers and their information.
Legaltech News |Analysis

Apple's U.S. Privacy Portal May Have Limited Impact on Others' GDPR Approach

Frank Ready | October 24, 2018

Apple has a new privacy portal for users to access their data, but the company's business model means other tech companies may not be following its lead.
New York Law Journal |Case Digests

Excelsior College v. Wolff

August 30, 2018

Examination Mark's 'Bad Faith' Use Falsely Conveyed Affiliation With College
New York Law Journal |Case Digests

Cohen v. Casper Sleep inc.

July 19, 2018

ECPA, SCA Suit Over Code Embedded in E-Commerce Sites Dismissed; Claims Not Stated

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