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HTMLNAIC Adopts New Cybersecurity Exam Tool
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Brian L. Rubin, Cynthia R. Shoss; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 24, 2015, previously published on September 23, 2015
On September 21, the National Association of Insurance Commissioners (the NAIC) IT Examination Working Group (the Working Group) adopted amendments to the IT section of the Financial Condition Examiners Handbook (the Handbook) to strengthen the Handbook¿s already existing cybersecurity guidance....


HTMLThird Circuit Holds FTC Has Authority to Regulate Cybersecurity under Unfairness Prong of 15 U.S.C. § 45(a)
Melissa K. Ventrone, Aleksandra M. S. Vold; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
The Third Circuit recently issued its highly anticipated ruling in the Federal Trade Commission v. Wyndham Worldwide Corp., Case. No. 14-3514, holding that the FTC has authority to regulate the cybersecurity practices of companies under the “unfair” prong of section 5 of the FTC Act. In...


HTML5 Deadly Sins Cyber Criminals Know About Law Firm Security
Brent Cantrell, Fred Cobb, Justin Joy, William Kunkel; Lewis, Thomason, King, Krieg & Waldrop, P.C.;
Legal Alert/Article
September 2, 2015, previously published on August 2015
Nearly every day we hear news of some new, large-scale cyber hack. For instance, the recent OPM database hack compromised personal information for over 21 million past and current federal employees and contractors. This attack, along with those on Target, Home Depot and several large insurance...


HTMLThe Ashley Madison Hack is More than Just Embarrassing
McDonald Hopkins LLC;
Legal Alert/Article
August 25, 2015, previously published on August 21, 2015
It was a bad week for people looking to cheat on their spouses - hackers publicly released the personal information of roughly 33 million users of the cheating site Ashley Madison. Aside from the obvious public embarrassment, many experts are saying the incident underscores the serious...


HTMLData Dump! Fallout Deepens
Wynter Lavier Deagle; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 20, 2015, previously published on August 20, 2015
The Impact Team, the vigilante group behind the hacking of the infamous website has followed through on its threat to leak the full database of the site’s users online. On Tuesday, August 18, 2015, an impressive 9.7 gigabytes of compressed data was posted to the dark web...


HTMLInternet of Things and Cybersecurity
Kevin L. LaRoche, Scott Widdowson; Borden Ladner Gervais LLP;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
The “Internet of Things” (IoT) is the developing web of objects embedded with microchips capable of allowing sending and receiving data, and so connecting them to the network we call the Internet. In an article in the Harvard Business Review late last year, Michael Porter and James...


HTMLGetting Compliant With the EU Cookie Law
Matthew D. Lawless, Diane D. Reynolds, Michael Wager; Taft Stettinius & Hollister LLP;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
Google recently sent out a letter to users of its AdSense, DoubleClick for Publishers, and DoubleClick Ad Exchange products.


HTMLAppointing Legacy Contacts for Facebook
Meredith Edwards Collins; Adams and Reese LLP;
Legal Alert/Article
July 31, 2015, previously published on July 7, 2015
Earlier this year (Feb. 2015), Facebook announced a new feature that allows Facebook users to designate a legacy contact to manage their Facebook account when they pass away. According to, a legacy contact is, "[s]omeone you choose to look after your account if it's...


HTMLGermany Rushes to Adopt a New IT Security Act
Wolfgang G. Büchner, Ted-Philip (Ted) Kroke, Undine von Diemar; Jones Day;
Legal Alert/Article
July 31, 2015, previously published on July 2015
The German Federal Council (Bundesrat) has approved the Act regarding Improved Security of Information Technology systems ("IT Security Act") on July 10, 2015 without seeing a need to defer it to the Reconciliation Committee (Vermittlungsschuss). Shortly before, on June 12, 2015, the...


HTMLDigital Privacy Act - New Requirement for Valid Consent to Use Personal Information
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
July 3, 2015, previously published on June 25, 2015
On June 18, 2015, the Canadian government enacted the Digital Privacy Act, which makes a number of important changes to the Personal Information Protection and Electronic Documents Act. One of the most significant changes is a new, additional requirement for “valid consent” to the...


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