Features

Data Security and Data Breach Response Continue to Be a Hot Issue
<b><i>Lessons from 2017 Enforcement Actions and Guidance</b></i><p>Regulators including the FTC, the Department of Health and Human Services Office of Civil Rights (OCR) — the agency responsible for enforcing the HIPAA rules for protected health information (PHI) — and state attorneys general have issued guidance and announced a number of settlements in data security cases that are instructive about measures that organizations can take to reduce the potential for a data breach or, if a breach does occur, provide appropriate notice.
Features

Security First Approach Provides a Significant Advantage to Law Firms
The security industry all too often sells the next shiny object touted as the Holy Grail of security that protects against all cyber threats. And the following year, the next best thing hits the market and becomes the grail until proven fallible.
Features

Equifax Breach Will Fuel Identity Theft Remediation Debate
In the wake of suits filed against Equifax by consumers, businesses and governmental units, courts will have to grapple with the question of what remedies are appropriate. These issues are not unique to the Equifax incident, but the scope of the breach will undoubtedly lead to more debate than ever before.
Features

The Myth of the Secure Cloud
“There's really no such thing as the cloud, there are only other people's computers.” This may have been true at first; but it is now worth some investigation if the present threat environment today demands a secure cloud.
Features

The Myth of the Secure Cloud
"There's really no such thing as the cloud, there are only other people's computers." This may have been true at first; but it is now worth some investigation if the present threat environment today demands a secure cloud.
Features

The Equifax Breach: Why This One Is Different
This is not the first time that a credit reporting agency has been breached, nor is it the first time that Equifax has reported a breach. What <i>is</i> different with the current breach is its size and the nature of information compromised, as well as the implications of the breach in light of the increasingly complex web of cybersecurity regulations nationwide.
Features

5 Things to Know About the First Wave of Equifax Actions
With 143 million people potentially hit by Equifax Inc.'s data breach, there's no doubt there will lawsuits — a lot of them."You'll have suits in…
Features

Big Data, Web 'Scraping' and Competition Law
<b><i>The Debate Continues</i></b><p>Web "scraping" is one method of accumulating data that has sparked recent legal debate, both antitrust and otherwise. Legal challenges to Web scraping have involved privacy claims and claims under the federal Computer Fraud and Abuse Act, in addition to antitrust claims about the need to collect public data to be able to compete freely.
Features

There May Be 'No Do-Overs,' but SEC Hack Provides Important Security Lessons
Even the Securities and Exchange Commission (SEC) can get hacked — and the recently announced cyber attack against the SEC is providing an important wake-up call for U.S. companies regulated by the powerful agency and the attorneys they work with.
Features

New Sources of Discoverable Evidence
<b><I>Part One of a Two-Part Article</I></b><p>Personal assistants, fitness trackers, and automotive black boxes are among the devices whose data and metadata may have big impact in legal cases. Here's why.
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