As we’ve noted previously, President-elect Trump’s campaign was light on details about his plans to address cybersecurity. However, his announcement yesterday that Thomas P. Bossert will serve as his assistant for homeland security and counterterrorism, a position equal in status to national security advisor according to the transition team, may offer greater insight into
New York State Proposes Cybersecurity Regulation Impacting Banks, Insurance Companies & Other Financial Services Institutions
New York Governor Andrew M. Cuomo announced yesterday a new proposed regulation to address the growing threat posed by cyber-attacks. According to the State’s press release, the proposed regulation, which is subject to a 45-day notice and public comment period before final issuance, “aims 
to protect consumer data and financial systems from terrorist organizations and
3 Essential Steps For Responding To Ransomware Attacks
Likely because most victims comply with their demands, the incidence of attacks by ransomware hackers has exploded in 2016. Guidance issued by the U.S. Department of Health and Human Services (“HHS”) in July notes that, on average, there have been 4,000 reported ransomware attacks per day thus far in 2016, far exceeding the average of
EU-U.S. Privacy Shield Q&A
Last month, the European Union and U.S. officials announced final approval of the EU-U.S. Privacy Shield (Privacy Shield), replacing the Safe Harbor which was invalidated by the Court of Justice of the European Union in October 2015. Like it predecessor, the Privacy Shield will allow organizations based in the United States to self-certify compliance with
5 Practice Tips for Law Firms as Data Breach Spotlight Swings Their Way
While data breach incidents affecting the entertainment, retail, healthcare, and financial industries have garnered more attention in past years, the data breach spotlight recently shifted to law firms.
This shift was triggered by media coverage of the breach and leak of the Panama Papers, and by reports that, in 2015, hackers breached the networks
Reasonable Data Security Defined by California AG
Last week, California Attorney General, Kamala D. Harris – who has been mentioned as a potential nominee to fill Justice Antonin Scalia’s recently vacated seat on the U.S. Supreme Court – issued the California Data Breach Report (Report). The Report provides an analysis of the data breaches reported to the California AG from 2012-2015.
6 Best Practices For Avoiding TCPA Violations As The Scope Of Liability Under The Statute Swells
As we have previously discussed, the Federal Communications Commission (the “FCC”) recently issued a Declaratory Ruling (“Declaratory Ruling”) that, among other things, likely exposes companies to even greater liability under the Telephone Consumer Protection Act (the “TCPA”).
The TCPA regulates communications, from companies to their consumers, that utilize an automatic telephone dialing system (“ATDS”).
Courts Restrict Ability of Customers and Employees to Sue Companies Following a Data Breach, But Risks of Other Liabilities Remain
Among the multitude of unpleasant issues facing a company whose network has been breached is potential liability to customers and employees whose personal information has been compromised. However, recent district court decisions from around the country continue to limit the opportunity of those customers and employees to have their day in court. Specifically, these cases