We help companies prepare for, respond to, and clean up data breaches and related events. We are lawyers, but in this role, we often look over the shoulders of cybersecurity technical experts, who are advising companies on...more
The recent dismissal of a Home Depot derivative action ends a string of high-profile derivative suits stemming from large-scale corporate data breaches. On November 30, the Northern District of Georgia dismissed a shareholder...more
12/7/2016
/ Breach of Duty ,
Business Judgment Rule ,
Corporate Governance ,
Cybersecurity ,
Data Breach ,
Derivative Suit ,
Dismissals ,
Home Depot ,
Internal Controls ,
Popular ,
Proxy Statements ,
Shareholders
Last month the White House disclosed how the federal government will coordinate incident response activities in the event of a large-scale cyber incident. While the policy directive is worth reading in its entirety, this...more
8/29/2016
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Incident Response Plans ,
NCCIC ,
Presidential Directives
SEC Chicago Regional Director David Glockner spoke at a PLI Conference in New York on June 6 regarding the SEC’s data security regulations and enforcement efforts. Mr. Glockner acknowledged frustration with the Division of...more
6/30/2016
/ Corporate Issuers ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Financial Markets ,
Investors ,
Morgan Stanley ,
Non-Public Information ,
Personally Identifiable Information ,
Popular ,
Publicly-Traded Companies ,
Regulation S-P ,
Safeguards Rule ,
Securities and Exchange Commission (SEC)
I. Legal Exposure to Federal and State Privacy Laws -
A. Federal Statutes and Enforcement -
1. Federal Trade Commission Act, 15 U.S.C. §§ 41-58 -
The Federal Trade Commission (FTC) has emerged as the leading...more
3/1/2016
/ Breach Notification Rule ,
Communications Act of 1934 ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Security ,
EU ,
EU-US Privacy Shield ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gramm-Leach-Blilely Act ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Intellectual Property Protection ,
Malware ,
US-EU Safe Harbor Framework
In This Issue:
IN THE SPOTLIGHT -
- Your Data Breach Collided With My Personal Injury Coverage
LIFE INSURANCE -
- Phantom Injury Dooms “Shadow Insurance” Case
- Latest NAIC Cybersecurity News...more
10/8/2015
/ Administrative Law Judge (ALJ) ,
AIG ,
Auto Body Shop ,
Bailout ,
Banking Sector ,
Banks ,
Big Data ,
Breach Notification Rule ,
Class Action ,
Compliance ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
CT Supreme Court ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Security ,
Department of Labor (DOL) ,
Derivative Suit ,
Disclosure Requirements ,
Disparate Impact ,
EB-5 ,
Fair Housing Act (FHA) ,
FFIEC ,
Fiduciary Duty ,
Financial Institutions ,
Foreclosure ,
Healthcare ,
Insurance Industry ,
King v Burwell ,
Life Insurance ,
Mortgage Servicers ,
Mutual Funds ,
NAIC ,
Online Advertisements ,
Ransomware ,
Reassigned Phone Numbers ,
Regulation A ,
RI Supreme Court ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Standing ,
TCPA ,
Telecommunications ,
Treble Damages ,
Whistleblowers
Shortly after the massive 2013 Target data breach, shareholders filed four derivative lawsuits against the company’s directors and some of its officers (13 CARE 624, 3/20/15). The shareholders alleged that the defendants had...more
8/17/2015
/ Caremark claim ,
Corporate Counsel ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Derivative Suit ,
Derivatives ,
Fiduciary Duty ,
Hackers ,
Home Depot ,
Information Security ,
Popular ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Target ,
Wyndham ,
Young Lawyers
Cyber scammers continually innovate new means to extract valuable information from unsuspecting victims. And a new form of cyber fraud is exploiting the close relationship between CEOs and CFOs. Identifying this threat — and...more
7/20/2015
/ C-Suite Executives ,
CEOs ,
CFOs ,
Compliance ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Department of Justice (DOJ) ,
Email ,
FBI ,
Hackers ,
Phishing Scams ,
Software ,
Wire Fraud
In This Issue:
- IN THE SPOTLIGHT
• Risky Business: Common Cyber Security Risks, Expensive Consequences
- LIFE INSURANCE
• Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly...more
6/26/2015
/ Accounting Fraud ,
Annuities ,
Bad Faith ,
Broker-Dealer ,
Captive Insurance Company ,
Consumer Financial Contracts ,
Covered Business Method Patents ,
Cybersecurity ,
Debt Collection ,
Disability Benefits ,
Drones ,
Employee Retirement Income Security Act (ERISA) ,
Fair Lending ,
FCC ,
Fiduciary Duty ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Insurance Litigation ,
Life Insurance ,
Mandatory Arbitration Clauses ,
Patents ,
RICO ,
SAR ,
Securities and Exchange Commission (SEC) ,
Telemedicine ,
Unmanned Aircraft Systems ,
Variable Annuities ,
Virtual Currency