Cybersecurity

  • Litigators and Privacy: The Last People You Want to See, or the First?

    In their consideration of possible worst-case cyber attack scenarios, organizations often focus on the various types of attacks and their relative severity. But, the worst-case scenario is not the breach, it's the reputational damage, regulatory enforcement action, the business interruption, and the inevitable litigation that follows a poorly handled breach from an unprepared organization. Given this reality, it is important to adjust planning assumptions and response scenarios to focus on addressing these drivers of post-breach exposure.

    March 01, 2020Michael Bahar, Sarah Paul, Matt Gatewood and Andrew Weiner

  • Protecting Innovation in the Cyber World from Patent Trolls

    With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.

    March 01, 2020John Chen

  • Defining Reasonable Care for the Protection of Personal Data

    The Pennsylvania Supreme Court enlivened the Thanksgiving holidays of privacy lawyers in 2018 with its decision in Dittman v. UPMC, which held that an employer has a legal duty to exercise reasonable care to safeguard employees' personal information. While the scope of the decision technically was confined to the employer-employee relationship, the court's reasoning implies that such a duty of reasonable care may arise in any scenario where one party engages in the collection of personal information.

    March 01, 2020Devin Chwastyk

  • Navigating APT Intrusions

    Advanced Persistent Threat (APT) intrusions are sophisticated cyber-attacks carried out by well-funded and organized cyber-criminals. The attacks are designed to establish persistence using various tactics, techniques and procedures that are intended to avoid detection and mimic authorized activity in the environment, known as "living off the land."

    March 01, 2020Chris Cwalina, Steven Roosa and Tristan Coughlin

  • Florida Lawmakers Introduce Online Privacy Legislation

    Florida lawmakers have introduced companion bills in the Florida House (HB 963) and Senate (SB 1670) that would create limited online privacy rights and obligations in the state. The legislation appears to be very similar to the Nevada Online Privacy Protection Act, which was amended last year to add a right to opt-out of sales of covered information.

    March 01, 2020David M. Stauss and Malia Rogers

  • Legal Tech: E-Discovery and Seizure Orders Under the Defend Trade Secrets Act

    Congress passed the Defend Trade Secrets with much fanfare, touting its potential to curtail both domestic and cross-border theft of American ingenuity and technology. The DTSA offers a unique and powerful remedy to aggrieved parties in their efforts to curb trade secret misappropriation: ex parte seizure of property containing trade secrets. This article provides a brief overview of DTSA seizure orders and discusses e-discovery considerations in connection with those orders.

    March 01, 2020Philip Favro

  • A Look Behind, A Look Ahead: Part Two - E-Discovery

    Part Two of a Two-Part Article Cybersecurity Law & Strategy partnered with our ALM sibling Legaltech News to ask cybersecurity and e-discovery experts what they thought the key trends of 2019 and what they expect to see in 2020. Part Two looks at e-discovery.

    February 01, 2020Steve Salkin

  • The Threat of Ransomware 2.0 for Law Practices

    During the past few months, there has been a significant paradigm shift in the cybersecurity world. Threat actors from Russia, in particular, have significantly enhanced their capabilities to target individual businesses and Managed Service Providers (MSPs) or IT companies. It is critical that lawyers, their firms and the companies they serve be aware of these threats and take the appropriate measures to proactively secure their own — and their clients' — sensitive and private information.

    February 01, 2020Gary Salman