Cybersecurity

New York Law Journal |Analysis

Finding Comfort: Cyber Risk Management Within Law Firms

Matt Shabat | December 11, 2018

No matter how a law firm devises and implements its cyber risk management strategy, it is essential that two goals are achieved: supporting the law firm's business activities and securing client information.

Legaltech News |Commentary

Sticking a Hand in the Internet Cookie Jar: The COPPA Risks of the IoT

Jeff Higel, Swiss Re; Michael Bahar, Eversheds Sutherland and Mike Nelson, Eversheds Sutherland | December 11, 2018

As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. For manufacturers, they also pose regulatory litigation, and insurance risks, especially when children end up using their 'smart' products.

Corporate Counsel |News

Key to Preventing Cyberattacks on Companies Is Board of Directors Awareness: Panel

Dan Clark | December 10, 2018

A panel at the "Developing a Defensible Cyber Strategy" conference hosted by Columbia University School of International and Public Affairs said that having a company's board of directors recognize the importance of a robust security program is key to stopping cyberattacks.

Legaltech News |News

The Key to Preventing Corporate Cyberattacks: Board of Directors Awareness

Dan Clark | December 10, 2018

A panel at the 'Developing a Defensible Cyber Strategy' conference hosted by Columbia University School of International and Public Affairs said that having a company's board of directors recognize the importance of a robust security program is key to stopping cyberattacks.

Corporate Counsel |Expert Opinion

A Practical Guide to CCPA Readiness: Implementing Calif.'s New Privacy Law (Part 1)

Harry A. Valetk and Brian Hengesbaugh | December 10, 2018

CCPA is an unfamiliar type of law for the United States due, in large part, to its broad scope. It establishes a new privacy framework for businesses that fall within its jurisdiction.

Corporate Counsel |Expert Opinion

The Time Is Now for Corporate Legal Collaboration

Michele C.S. Lange | December 07, 2018

Solve complex problems, forecast legal spend, manage risk and partner with a diverse set of business stakeholders—these are just a few of the vast demands placed on in-house legal. In addition, corporate legal departments are facing new disruptions, such as changes to law firm practice models and advancements in technology.

International |Analysis News

What Will Australia's New Access Law Mean for Encryption in Other Countries?

Frank Ready | December 07, 2018

A new bill in Australia that would give law enforcement access to encrypted communications passed on Friday. Will other countries pick up the baton?

Legaltech News |Analysis News

What Could Australia's New Access Law Mean for Encryption in Other Countries?

Frank Ready | December 07, 2018

A new bill in Australia that would give law enforcement access to encrypted communications passed on Friday. Will other countries pick up the baton?

Legaltech News |Analysis

Four Tips for Law Firms in Responding to Overreaching Client Audits

Derek Brost and Rod Oancea, InterVision | December 07, 2018

How do legal IT professionals identify scenarios where clients are overreaching reasonable bounds of information or action? The stronger your IT strategy is at the outset, the better you'll be able to respond.

International |News

Arrest of Huawei's CFO Could Prompt More US Businesses to Leave China

Phillip Bantz | December 06, 2018

The U.S.-backed detention of Meng Wanzhou, chief financial officer of China tech and telecom behemoth Huawei Technologies Co., and reports that Chinese hackers are behind the Marriott data breach threaten to unravel the 90-day truce on tariffs and undermine any goodwill that was established between the two countries during the G20 summit.

New York Law Journal |News

Huawei CFO's Arrest Could Spur More US Businesses to Exit China, Avoid Visits

Phillip Bantz | December 06, 2018

The U.S. Department of Justice in an email Thursday declined to comment on reports that the U.S. attorney for the Eastern District of New York was handling the case, or to provide any other information on the matter.

Corporate Counsel |News

Huawei CFO's Arrest Could Spur More US Businesses to Exit China, Avoid Visits

Phillip Bantz | December 06, 2018

The U.S.-backed detention of Meng Wanzhou, chief financial officer of China tech and telecom behemoth Huawei Technologies Co., and reports that Chinese hackers are behind the Marriott data breach threaten to unravel the 90-day truce on tariffs and undermine any goodwill that was established between the two countries during the G20 summit.

The Recorder |News

Facebook Dubs Cambridge Analytica MDL 'Broadside' Against Business Model, Moves to Dismiss

Amanda Bronstad | December 06, 2018

Plaintiffs lawyers, however, consider the Cambridge Analytica scandal "the tip of the iceberg" in Facebook's "willful pursuit of generating revenue at the expense of its users.”

Legaltech News |News

Retention, Cloud and Privacy: E-Discovery Day Panel Debates 5 Controversial Questions

Frank Ready | December 06, 2018

Not everything in e-discovery is black and white. At Reed Smiths' E-Discovery Day panel, two attorneys went back and forth giving arguments on both sides of some controversial topics.

Legaltech News |News

State AGs File Pioneering Suit Under HIPAA for Medical Records Data Breach

Sue Reisinger | December 06, 2018

A dozen state attorneys general have united to bring the first multistate lawsuit under federal health care privacy law, in connection with a medical records company data breach that put millions of patient records at risk.

Litigation Daily |News

12 State AGs Sue Medical Records Company Under HIPAA for Data Breach, a First

Sue Reisinger | December 05, 2018

A dozen state attorneys general have united to bring the first multistate lawsuit under federal health care privacy law, in connection with a medical records company data breach that put millions of patient records at risk. The lawsuit is part of a growing trend of state enforcement of consumer and data privacy laws, and the first such AG suit under HIPAA.

Corporate Counsel |News

12 State AGs Sue Electronic Medical Records Company Under HIPAA for Data Breach, a First

Sue Reisinger | December 05, 2018

A dozen state attorneys general have united to bring the first multistate lawsuit under federal health care privacy law, in connection with a medical records company data breach that put millions of patient records at risk. The lawsuit is part of a growing trend of state enforcement of consumer and data privacy laws, and the first such AG suit under HIPAA.

Legaltech News |Analysis News

Marriott Cyberattackers May Be Playing Longer Game With Stolen Information

Frank Ready | December 04, 2018

The Marriott breach that potentially compromised the information of up to 500 million people may wind up being more memorable for nature of the data that was targeted and the patience the intruders displayed.

Legaltech News |News

Attorneys Most Vulnerable to Biometrics, Cloud and Phishing Attacks: Survey

Victoria Hudgins | December 04, 2018

Consumer credit reporting agency Experian highlighted three types of hacks that could hit lawyers and law firms hard.

New York Law Journal |News

With Plenty of Plaintiffs, Lawyers Flood the Courts Over Marriott's Massive Breach

Amanda Bronstad | December 03, 2018

Lawyers have moved to coordinate suits into multidistrict litigation and questioned an arbitration clause in Marriott's free internet monitoring program offered to its customers.

Law.com |News

With Plenty of Plaintiffs, Lawyers Flood the Courts Over Marriott's Massive Breach

Amanda Bronstad | December 03, 2018

Lawyers have moved to coordinate suits into multidistrict litigation and questioned an arbitration clause in Marriott's free internet monitoring program offered to its customers.

Corporate Counsel |News

Experts: Marriott's In-House Team Has Much Work Ahead

Dan Clark | December 03, 2018

In-house counsel at Marriott should be focusing on answering questions from a series of regulators and making sure they are complying with all state laws, according to cybersecurity attorneys and experts.

Corporate Counsel |Expert Opinion

Of Blockchains and Supply Chains: Crypto Technology Is Still Going Strong

Stephen J. Obie | December 03, 2018

The cryptocurrency crashes during 2018 caused some observers to predict their imminent demise. However, Fidelity Investments' recent creation of a cryptocurrency custody unit certainly reflects credible interest in digital assets among at least some pension funds and traditional asset managers.

Slideshow

Legaltech News |Slideshow

7 Major Players That Could Shape Federal Cybersecurity Standards

Rhys Dipshan | December 03, 2018

Anticipating action on the federal level, some in the private sector, government and even outside the U.S. are trying to influence what federal cybersecurity standards should entail. But consensus may be hard to come by.

New Jersey Law Journal |Analysis

The California Consumer Privacy Act: What You Need to Know

Mark G. McCreary | December 01, 2018

Before you assume that the CCPA will not affect you because your business is not located in California, know that companies both inside and outside of California will be affected by its requirements.

Litigation Daily |News

Marriott Guests--Both Lawyers-- File First Class Action Over Data Breach

Amanda Bronstad | November 30, 2018

“Large, sophisticated companies like Marriott are not blind to the risks posed by cyber criminals, who are constantly attempting to infiltrate corporations that store sensitive consumer information, said plaintiffs' attorney John Yanchunis of Morgan & Morgan. “The fact that a breach that began in 2014 went undetected for four years is shocking and horrifying.”

Law.com |News

Marriott Guests, Both Lawyers, File First Class Action Over Data Breach

Amanda Bronstad | November 30, 2018

“Large, sophisticated companies like Marriott are not blind to the risks posed by cyber criminals, who are constantly attempting to infiltrate corporations that store sensitive consumer information, said plaintiffs' attorney John Yanchunis of Morgan & Morgan. “The fact that a breach that began in 2014 went undetected for four years is shocking and horrifying.”

Daily Business Review |News

Morgan & Morgan Files First Marriott Data Breach Class Action

Amanda Bronstad | November 30, 2018

Tampa's John Yanchunis, lead counsel in the $85 million Yahoo data breach settlement in October, filed suit in Maryland against Bethesda-based Marriott.

International |News

Many Australian Law Firms, Businesses Need to Improve Overall Cyber Preparedness

Ed Silverstein | November 30, 2018

Australian attorneys and cyber experts say awareness of the nature and seriousness of cybersecurity risks is uneven across the legal profession.

Legaltech News |News

Many Australian Law Firms, Businesses Need to Improve Overall Cyber Preparedness

Ed Silverstein | November 30, 2018

Australian attorneys and cyber experts say awareness of the nature and seriousness of cybersecurity risks is uneven across the legal profession.

New Jersey Law Journal |Analysis

Cyber Insurance Update: Recent Developments in Coverage for Cyber Claims

Joseph J. Schiavone, Vincent J. Proto, Lori J. Zeglarski and Robert P. Vacchiano | November 30, 2018

As many businesses do not yet have cyber-specific insurance coverage, courts are being called upon to determine whether coverage for cyber-related losses exists under traditional insurance policies.

Legaltech News |Analysis

Why Do Cybersecurity Programs Fail?

Chris Moschovitis, Information Technology Management Group | November 30, 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?

Corporate Counsel |News

Federal Data Privacy Legislation Is Likely Next Year, Tech Lawyers Say

Dan Clark | November 29, 2018

For years, federal legislators have attempted to pass comprehensive cybersecurity and data privacy legislation. With more support than ever from the public, industry and both sides of the political spectrum, 2019 may be the year when such legislation is enacted.

The Legal Intelligencer |Commentary

What to Expect in E-Discovery 2019: Tech, Legal Requirements, Digital Culture and Costs

Leonard Deutchman | November 29, 2018

As we look to 2019, the question of what changes will take place in the world of e-discovery over the next year will certainly entice answers from the many legal minds who work with e-discovery. Those answers, however, are not so obvious.

New Jersey Law Journal |Analysis

Your Firm's Cybersecurity in Seven Steps

Stanley Louissaint | November 29, 2018

Security is often seen as an inconvenience—and it can be—but the data in your firm's possession has value, and your firm has a duty to protect it.

Legaltech News |Analysis

Signs Point to Evolution in U.S. Consumers' Online Privacy Attitudes

Frank Ready | November 29, 2018

Consumers have the power to opt out of certain data uses but many may not be taking the time to engage. But there are signs such disengagement is changing in the U.S.

New Jersey Law Journal |News

Iranian Nationals Charged in New Jersey With Running $30M Ransomware Scheme

P.J. D'Annunzio | November 28, 2018

Two Iranian men have been charged with operating a long-running international hacking and extortion scheme in which they targeted public institutions—including the City of Newark—with ransomware, causing $30 million in losses, the Justice Department announced.

Daily Report Online |News

Atlanta Ransomware Attack Was Done by Iranian Nationals, DOJ Says

P.J. D'Annunzio | November 28, 2018

A federal grand jury returned a six-count indictment charging two Iranian nationals with creation of the SamSam ransomware, which targeted hospitals, municipalities and companies around the U.S.

Legaltech News |News

DOJ Charges Iranian Nationals With Running $30M Hacking, Extortion Scheme

P.J. D'Annunzio | November 28, 2018

A federal grand jury returned a six-count indictment charging two Iranian nationals with creation of the SamSam Ransomware, which targeted hospitals, municipalities and companies around the U.S.

New Jersey Law Journal |Analysis

Legislating Cybersecurity: 2018 Adds Patches to the Quilt of Data Privacy Law Across the US

John T. Wolak and Randy A. Gray | November 28, 2018

Statehouses across the country are endeavoring to blanket all potential vulnerabilities through a narrowed focus on privacy and security. New Jersey is no different, with nearly 50 pending bills addressing data, privacy and cybersecurity.

Legal Week |News

Osborne Clarke in driving seat on Uber's near-£1m settlement over data breach

Krishnan Nair | November 28, 2018

The breach, which occurred in 2016, affected 57 million Uber users

New Jersey Law Journal |Analysis

Worried About Complying with ABA Opinion 483 on Cybersecurity? Fear No More

Larry J. Hershman and Jeffrey S. Brenner | November 27, 2018

In response to the omnipresent threat of cyberattacks, the American Bar Association issued Formal Opinion 483, which addresses the obligations imposed upon lawyers to safeguard their clients' data. Here's how to achieve compliance.

National Law Journal |News

Wiley Rein Adds FTC Vet to Telecom, Media and Technology Practice

Ryan Lovelace | November 27, 2018

Duane Pozza, a litigator and regulatory expert, was a top lawyer for fintech-related matters at the FTC.

The Legal Intelligencer |Case Digests

O'Neill, Bragg & Staffin, P.C. v. Bank of Am. Corp.

November 27, 2018

Plaintiffs' bank owed no liability for completing funds transfer initiated by plaintiffs due to hacker's fraudulent activity where UCC and bank's policies did not permit plaintiffs to cancel wire transfer once accepted by the bank and plaintiffs' cancellation orders came following acceptance. Defendant's motion to dismiss granted.

Corporate Counsel |Analysis

Contract Repapering to Mitigate Third-party Risk in Data Privacy Management: Four Questions Legal Teams Should Ask

Rich Vestuto | November 26, 2018

New laws mean amending contracts, and all the heavy legal-team resources that entails.

Legaltech News |Analysis

A New Survey Shows How the GDPR is Impacting Mergers and Acquisitions

Frank Ready | November 26, 2018

A new survey conducted by Merrill Corporation found that compliance issues with the European Union's General Data Protection Regulation were impacting the progression of merger and acquisitions deals.

Legal Week |News

Clifford Chance launches new app to help clients respond to cyberattacks

Andrew Messios | November 26, 2018

New app guides users through regulatory requirements in critical hours following an attack

The Legal Intelligencer |News

Pa. Justices Rule Companies Have Common-Law Duty to Protect Employees' Electronic Data

Zack Needles | November 21, 2018

A six-justice high court unanimously ruled to reverse the lower court's rulings and reinstate the lawsuit against UPMC.

Legaltech News |Analysis News

Smart Contracts May Have Weaknesses. This Tool Helps Find Them

Frank Ready | November 21, 2018

NRI Secure Technologies released a blockchain security monitoring service that includes a tool by ConsenSys Diligence allowing users to scan smart contracts for vulnerabilities.

Legaltech News |Commentary

Phishing for Whales with Spears: How to Protect Yourself from Email-Based Attacks

Eli Nussbaum, Keno Kozie Associates | November 21, 2018

While the bad guys only have to be successful one time, we have to be successful every time. There is good news though: There are things that firms can and should be doing to minimize their risk and increase the likelihood that an email breach will be stymied before it succeeds.

Legaltech News |News

Third-Party Breaches Are a Threat—And Many Companies Aren't Ready

Caroline Spiezio | November 21, 2018

A new report from the Ponemon Institute found that most companies think third-party data breaches are a growing threat, but few companies have taken steps to mitigate the risk.

Legaltech News |News

A New Global Cyber Innovation Summit is Coming to the U.S.

Frank Ready | November 20, 2018

The Global Cyber Innovation Summit, which will be hosted in Baltimore in May 2019, looks to differentiate from other conferences through its proactive, risk-oriented approach to cybersecurity.

Legaltech News |Analysis

From Cyber Software to Cyber Soft Skills: Cylance Adds Enterprise Cybersecurity Leadership Program

Jared Coseglia, TRU Staffing Partners | November 20, 2018

The 12-week program featuring modules from 'cybercelebs' aims to give students the ability to think and act like a cybersecurity leader.

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.

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.

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