It’s 6 p.m. on a Friday and you get a call from your IT department. They have detected that an intruder has gained access to your company’s network. At this point, the headlines from the major data breaches of recent years may be flashing before you. You may be assuming the worst: regulatory investigations … … Continue Reading
On July 29, 2015, BakerHostetler filed an amicus brief with the Second Circuit on behalf of the Center for Democracy and Technology, joined by five prominent nonprofit public interest groups, for the en banc rehearing of United States v. Ganias, Case No. 12-240. In Ganias, the Court will grapple with arguments centering on whether the … Continue Reading
In our inaugural Data Security Incident Response Report (the Report), we found that regulators inquired about a company’s breach 31% of the time and multi-state state Attorneys General investigations were launched less than 5% of the time. A post-breach investigation is not guaranteed. Certainly, in large, highly public incidents, companies can expect at least an … Continue Reading
BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we handled in 2014. Needless to say, this raises some important and concerning questions when it comes to the cloud. We note … Continue Reading
Editor’s Note: The author is the most recent attorney to join our Privacy and Data Security Team. Paul represents clients in responding to potential data security incidents, counsels on incident response preparedness, and works with clients to develop appropriate policies to ensure compliance with applicable law, industry standards, or self-regulatory guidelines. He also counsels clients … Continue Reading
We are pleased to announce the release of the first BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our law firm advised on in 2014. It looks at the nature of the threats faced by companies, as well as detection and response trends, and … Continue Reading
The Secret Service, which investigates financial crimes, issued a security Alert on July 31, 2014, warning of malware named “Backoff” that was being used to steal payment card data from point-of-sale (POS) systems. The Alert notes that the attackers often gain initial network access by stealing or brute-forcing the passwords for remote desktop applications (e.g., … Continue Reading
This blog post is a joint submission with BakerHostetler’s Discovery Advocate blog. Authored by: James Sherer During the final panel of Thomson Reuters’ 17th Annual eDiscovery & Information Governance in Practice Forum, Thomas Barnett, Ignatius Grande, and Sandra Rampersaud led a lively discussion on Managing Big Data, Dark Data, and Risk. And while the exchange … Continue Reading
Editor’s note: This is a cross-blog post with BakerHostetler’s Class Action Lawsuit Defense blog. For the latest class action defense updates, visit www.ClassActionLawsuitDefense.com. In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine … Continue Reading
The final rule is significant for any organization that is considered to be a HIPAA covered entity (“CE”) (health systems, health care providers, health plans, etc.) or the more broadly defined business associate (“BA”). During our initial analysis of the final rule, we note significant changes to the way a breach is defined and we … Continue Reading
Yesterday, Homeland Security and Governmental Affairs Committee Chairman Joe Lieberman (ID-Conn.), Ranking Member Susan Collins (R-Maine), Commerce Committee Chairman Jay Rockefeller (D-W.Va.), and Select Intelligence Committee Chairman Dianne Feinstein, D-Ca. introduced The Cybersecurity Act of 2012. The press release can be found here. We are seeing an increasing number of attacks targeting government secrets, trade … Continue Reading
On June 2, 2011, representatives from Sony Network Entertainment International and Epsilon Data Management, LLC appeared before a House panel to answer questions regarding their responses to recent security breaches. The hearing of the House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade was called by Subcommittee Chairwoman Mary Bono Mack (R-Calif.) as part … Continue Reading