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|CNA Denies Cyber Insurance Claim|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
May 22, 2015, previously published on May 19, 2015Cyber security, and cyber insurance, have dominated the industry headlines for several years now, but even as companies, brokers and insurers work to develop these products, there has been a dearth of case law interpreting key provisions. This is beginning to change as disputes arise and make...
|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...
|CPAs Need to Sharpen Awareness of IT Threats|
Peter J. Larkin; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 15, 2015, previously published on May 4, 2015In the most recent “North America Top Technology Initiatives Survey Results,” CPAs responding to the poll ranked “securing the IT environment” as the number-one priority, followed by “managing and retaining data,” “ensuring privacy,” “managing...
|E-Mail and the Freedom of Information Act|
Anne M. Seurynck; Foster, Swift, Collins & Smith, P.C.;
May 15, 2015, previously published on April 30, 2015With public officials, such as Hillary Clinton, making headlines recently regarding e-mail use and retention, we wanted to provide municipalities with a reminder about the rules of e-mail use in Michigan.
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...