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Despite Equifax Breach Causes, Social Engineering Still Biggest Threat to...
It’s now been widely reported that the cause of the recent Equifax data breach, which compromised the personal data of perhaps as many as 143 million people, was the result of the company’s alleged...
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A TCPA Slam Dunk in the Ninth Circuit?
The fight is not over yet, but the insurance industry just had a significant victory in the United States Court of Appeals for the Ninth Circuit. The scenario is likely familiar to most. You’re invited...
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Autonomous Vehicles and All That Data
In an earlier post, we discussed the potential ownership models for autonomous vehicles, also known as driverless cars (“AVs”). Models range from true traditional ownership as we understand it today,...
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Cyber Security and Social Engineering: A Big Low Tech Problem
Headline-grabbing cyber hacks of email accounts belonging to celebrities, corporations, government officials and political campaigns are becoming the norm. Cybersecurity intended to guard against...
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The Anthem Breach – A Retrospective (Part II)
We published Part I of our “Anthem Breach Retrospective” in January 2017. Coincidentally, at around the same time several plaintiffs in one of the earliest filed cases arising out of the Anthem data...
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ISO’s Privacy Standard for Cloud Service Providers
In July 2014, the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) issued a new security standard – ISO 27018 – which attempts to outline...
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Key HIPAA Settlement Agreements by HHS’s Office for Civil Rights in 2015 & 2016
The last time this blog presented an overview of key HIPAA settlement agreements at the Office for Civil Rights in the U.S. Department of Health and Human Services was a review of 2014. The number of...
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The Anthem Breach – A Retrospective
Many people and news outlets have opined, weighed in, and informed the public about the 2015 Anthem breach. It remains a hot topic in January 2017, because it currently lines up with other hot stories...
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Legal Considerations for Website Privacy Policies
You finally created your website. Did you include eye-catching graphics? Check. Did you include an attention-grabbing banner slogan? Did you post all of your social media handles? Did you include a...
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You Just Used My Picture Without Permission?
Artist Richard Prince’s exhibit entitled “New Portraits’’ was displayed at New York City’s Gagosian Gallery and Frieze New York during the summer of 2015. This exhibit featured screenshots of other...
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The C-Suite’s Perspective on Cybersecurity and Liability
Recently, IBM surveyed more than 700 C-Suite executives in 18 industries and 28 countries about their views on cybersecurity. Ninety-four percent of those interviewed believe that their respective...
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Bring Your Own Device (BYOD) – Be Smart
At the dawn of portable electronic devices, they were primarily work-related productivity tools. Often, employers would purchase (or lease) devices and distribute them to their need-to-have employee...
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Encryption: Ensuring the Right to Privacy in the Information Age?
On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the...
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Cyber Insurance: Common Pitfalls of the Insured
As we have noted in a number of recent posts, tech companies need cyber insurance. The risk of not having it is simply not worth it. But cyber insurance policies can be confusing to understand because...
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Outsourcing Lessons from an “Uber” Uber-Rider
In July 2015, my 12-year-old SUV, with 220,000 miles, finally breathed its last breath. It was time for me to buy a new car. But, instead, I decided to try a little personal experiment with the...
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Revisiting Cyber Insurance: Are You Covered?
Increasingly, companies are looking to insurance to help manage their cybersecurity risks and defray losses sustained from data breaches. Losses can range from reputational damage, business...
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Will Privacy Enforcement Actions Impact “Reasonable” Security Measures Needed...
In widely-publicized, contested privacy cases last year, the FTC advocated in favor of a high baseline for information security measures. Among the security practices attacked by the FTC as critical...
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Erin Andrews Jury Sends Hoteliers a $55 Million Dollar Reality Check
“Privacy law” continues to evolve in the face of ever-advancing technology. Legislative bodies, administrative agencies, courts, tech companies, and a host of other interests are working to innovate,...
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Cyber Insurance: Make Sure You Understand Your Coverage
Today, businesses are increasingly purchasing cyber-specific insurance in an effort to mitigate the financial impact of a breach or other cybercrime. In terms of what might be covered in a cyber...
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The Internet of Things and the FTC – Don’t Be the Test Case
Kevin Ashton, an expert on digital innovation, stated 15 years ago that, “If we had computers that knew everything there was to know about things—using data they gathered without any help from us—we...
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