Internet Law in a Trump Presidency
January 01, 2017
President Trump is already being pressured to reverse President Obama's Open Internet Order (also known as “net neutrality”) and take an aggressive stance against it. It remains to be seen how President Trump will balance the call for privacy regulations amidst our country's vulnerability to cyber-attacks.
Is Your Data Breach Response Plan Good Enough? Stress Test It
January 01, 2017
As the chances of a data breach incident increase, savvy businesses have invested time and thought in a response plan. But plans never survive first contact with the enemy. Stress test your incident response plan to find and resolve its weaknesses while time is on your side.
Best Practices in Data Security for Financial Institutions
January 01, 2017
The Federal Financial Institutions Examination Council (FFIEC) recently revised its Information Security Booklet. The changes bring the financial services industry closer to the goal of having a clearly defined set of cybersecurity and data protection protocols to ensure regulatory compliance.
Cybersecurity Comes Together In Legal and Finance
January 01, 2017
Data security in the financial and legal industries is a tale of two sectors. While the financial industry is heavily regulated and constantly watched by federal agencies, law has at times operated in an almost laissez-faire environment, more ruled by a culture of confidentiality and secrecy than hard regulatory rules.
Data Breach Lawsuit Highlights the Need for Diligence when Purchasing Cyberinsurance
January 01, 2017
Well-known restaurant chain, P.F. Chang's China Bistro, recently sustained a significant hit to its cyberinsurance coverage. The federal court's opinion in the case serves as a lesson to policyholders regarding cyberinsurance in a rapidly evolving market. Due diligence is the name of the game when placing such insurance in order to understand the scope of coverage.
In Light of Recent FTC Actions, Review Your Privacy Policy
January 01, 2017
The United States does not have comprehensive legislation addressing the privacy implications of the collection and use of geolocation data. However, the Federal Trade Commission (FTC) has used its enforcement authority under Section 5 of the FTC Act to regulate companies engaged in unfair or deceptive practices involving geolocation data.
WhatsApp, Encryption and the Battle with Law Enforcement
January 01, 2017
It is widely accepted that much of today's communications are digital — and as a result, the encryption of data, the privacy laws governing that data, and the role that governments play when national security and law enforcement issues are at stake is a very hot topic.
What Lawyers Can Learn from Uber, Redux
January 01, 2017
Lawyers need to know what the client wants and how to get them there before the process starts. Just like a driver who doesn't know exactly where he's taking his riders, a lawyer who isn't totally sure what a client wants — let alone how to get them there efficiently and effectively — is likely to end up with a client who is disgruntled.
