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|U.S. Department of Justice Issues Guidance for Cyber Incident Planning and Response|
Bradley J. Freedman; Borden Ladner Gervais LLP;
May 15, 2015, previously published on May 11, 2015In April 2015, the U.S. Department of Justice (“DOJ”) issued guidance to assist organizations to prepare for and respond to cyber incidents. The guidance discusses the important steps that an organization should take before, during and after a cyber incident. The guidance is intended...
Larry A. Silverman; Dickie, McCamey & Chilcote, P.C.;
May 14, 2015, previously published on May 1, 2015Any company or non-profit with an online presence (and these days, that’s just about every company or non-profit of any size) must provide visitors to its website with a number of pieces of information. While the amount of and nature of the information your website will need to include will...
|How Much Cybersecurity is Enough?|
Ira Nishisato; Borden Ladner Gervais LLP;
May 7, 2015, previously published on April 24, 2015In legal terms, the question is answered by the applicable standard of care. The answer depends on the organization, the industry and the threats to which the organization is exposed. The related question is, "When do we have enough?" The frank answer to that question is,...
|Montana and Wyoming Expand Data Breach Notice Requirements|
Joseph F. Bermudez, Scott Sweeney; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 6, 2015, previously published on April 28, 2015Companies that electronically store personal information about residents of Montana and Wyoming must now take note of additional notice requirements following data breach incidents. With the ever-increasing number of such occurrences, states such as Montana and Wyoming are striving to clarify what...
|Do It Yourself Medicine Subject To Criticism|
Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
May 5, 2015, previously published on April 29, 2015Any internet search of terms related to mold injuries will bring up advertisements for medical labs offering blood testing or related diagnostic procedures, for a price. These tests claim to be capable of identifying “symptoms of mold exposure” or “mold sickness.” Notably,...
|Cybersecurity—Sophisticated Scams Target Corporate Transactions and Confidential Information: Cyber Criminals Are Reportedly Pairing Falsified Wire Instructions with Seemingly Credible Justifications in Attempts to Misdirect Funds to Third-Party Accounts and Tricking Executives and Advisers into Compromising Sensitive Non-Public Information|
Jay Clayton, John Evangelakos, Eric J. Kadel, Scott D. Miller, Alexander J. Willscher; Sullivan & Cromwell LLP;
April 28, 2015, previously published on April 16, 2015Recent reports indicate that sophisticated cyber criminals are increasingly targeting company executives and their outside counsel, advisers, and consultants in connection with corporate transactions in fraudulent efforts to obtain funds or inside information. These schemes involve hacked systems...
|Cyber-Risk Management - Guidance for Corporate Directors|
Bradley J. Freedman; Borden Ladner Gervais LLP;
April 28, 2015, previously published on April 14, 2015Cyber-risk management is an increasingly important challenge for corporate directors. Many commentators have said that there are only two types of organizations - those that have been hacked and know it, and those that have been hacked and don’t know it yet. Corporate directors have a legal...
|Decoding the New Payment Card Security Standard|
James J. Giszczak, Sara Hutchins Jodka, Dominic A. Paluzzi; McDonald Hopkins LLC;
April 27, 2015, previously published on March 3, 2015It's been a little over a year since the latest version of the Payment Card Industry Data Security Standard (PCI DSS) was released. Given the proliferation and severity of data breaches in the last year, the newly released standards will hopefully help mitigate risk of financial fraud when using...
|Cyberthreat Data Sharing Legislation Advances|
Sutherland Asbill Brennan LLP;
April 24, 2015, previously published on April 23, 2015The House on April 22 passed legislation granting liability protections to U.S. companies that share cyberthreat information with each other and the federal government. The Protecting Cyber Networks Act (H.R. 1560) would allow companies to voluntarily share information on cyberthreat indicators and...
|The Anthem Breach Silver Lining|
Diane D. Reynolds; Taft Stettinius & Hollister LLP;
April 23, 2015, previously published on February 5, 2015Anthem may have just experienced the largest health care data breach in U.S. history, with potentially 80 million individuals at risk from this “very sophisticated external cyber-attack,” according to Anthem Chief Executive Joseph Swedish. There will be months of analysis, debate and...