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HTMLDHS to Clarify Liability Protections for Companies Sharing Cyber-threat Indicators
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 24, 2016, previously published on May 23, 2016
The Department of Homeland Security (DHS) intends to issue revised guidance that will clarify liability protections for companies sharing cyber-threat indicators among themselves, and will reissue guidance on information sharing with non-federal entities under the Cybersecurity Act of 2015. DHS...

 

HTMLDo Insurers Have a Duty to Defend as a Result of a Failure to Comply with PCI — DSS
Roberto Ghignone; Borden Ladner Gervais LLP;
Legal Alert/Article
May 23, 2016, previously published on May 2, 2016
On April 4, 2016, the Québec Court of Appeal issued its decision in Aldo Group Inc. c. Chubb Insurance Company of Canada 2016 QCCA 554 which addressed the question of whether Chubb had a duty to defend and indemnify Aldo in respect of penalties assessed against it for its breaches of PCI DSS.

 

HTMLWhat Happens To Your Digital Self after Death?
Raquel A. Rodriguez; McDonald Hopkins LLC;
Legal Alert/Article
May 16, 2016, previously published on April 6, 2016
For anyone who has dealt with the death or incapacity of a loved one in recent years, one of the most perplexing and fraught questions has been how to access their electronic or digital records. Whether we realize it or not, most of us own digital assets. These could be photographs or videos on...

 

HTMLParts Manufacturer Delphi Joins Automaker Cybersecurity Group
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 13, 2016, previously published on May 12, 2016
Delphi Automotive PLC, an automotive parts manufacturer, announced this week that it has joined the Automotive Information and Sharing Analysis Center, the automotive industry’s hub for addressing cyber-security threats to connected vehicles. The Center counts a majority of U.S. automakers,...

 

HTMLGovernment Guidance for Preventing and Responding to Ransomware Attacks
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
May 10, 2016, previously published on April 26, 2016
Ransomware attacks are a significant and increasing threat to organizations of all kinds. Government agencies have recently issued guidance for preventing and responding to ransomware attacks. Organizations should consider that guidance and take appropriate steps to prevent, and prepare to respond...

 

HTMLFacebook Defamation Case Awards Significant Damages
David A. Crerar; Borden Ladner Gervais LLP;
Legal Alert/Article
May 10, 2016, previously published on April 25, 2016
Given the ease and encouragement of sharing on Facebook and other social media, the risk of harm, and subsequent substantial legal damages, may be greater than with defamatory statements in more conventional forms.

 

HTMLEU General Data Protection Regulation: What Impact for Businesses Established Outside the EU
Françoise Gilbert; Greenberg Traurig, LLP;
Legal Alert/Article
May 10, 2016, previously published on April 19, 2016
The 261-page final draft of the EU General Data Protection Regulation (GDPR), which replaces Directive 95/46/EC (Directive), was formally approved by the EU Parliament on April 14, 2016. The document is expected to be published in the Official Journal of the European Union (EU) in June, and to...

 

HTMLFourth Circuit Confirms Coverage for Data Breaches Claims Under Traditional CGL Insurance Policies
Richard (Rich) DeNatale, Celia Jackson, Richard D. Milone; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
In a highly anticipated decision, the Fourth Circuit has ruled that commercial general liability ("CGL") insurance policies provide defense coverage for class action lawsuits arising from a data breach. The decision, Travelers Indemnity Company of America v. Portal Healthcare Solutions,...

 

HTMLNIST Issues Streamline Guidance for Public Comment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 27, 2016, previously published on April 25, 2016
The National Institute of Standards and Technology (“NIST”) has issued a revised version of its guidance for sharing cyber-threat intelligence. The goal of this guidance is to help improve cybersecurity operations and risk management activities through information sharing practices....

 

HTMLEnergy Bill Addressing Cyber Issues Passes Senate
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 22, 2016, previously published on April 21, 2016
The Energy Modernization Act, a comprehensive energy bill that includes electric grid cyber protections, was passed by the Senate by an 85-12 vote. The bill includes language that gives the Department of Energy greater authority to intervene in cyber emergencies as well as language that protects...

 


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