LexisNexis® Legal Newsroom
DLA Piper: Effective Cybersecurity: 8 Questions for You and Your Team

By: Jim Halpert Cybersecurity has become a top-tier risk for US and multinational organizations. It is only a matter of time before a determined hacker will penetrate your organization’s system and successfully exfiltrate some data. (Indeed, this has most likely already happened, even if you...

Williams Mullen: Cybersecurity -- Mitigating the Legal Risks of On-Line Banking With Business Customers

By Robert D. Perrow and & J.P. McGuire Boyd Jr. On-line or electronic banking (“e-banking”) offers many well-known advantages to financial institutions engaged in banking and to their business customers. A significant risk of on-line bank accounts for both financial institutions and...

Got a Data Breach? Call a Cyber Lawyer First!

By Richard J. Bortnick of Traub Lieberman Straus & Shrewsberry LLP Data breaches don’t care about how mighty your organization is. Whether your company is Fortune 500®, middle-market or even a mom and pop, you’re at risk of a breach. It doesn’t matter whether the intrusion...

47 State AGs Ask Congress to Preserve Their Authority to Investigate Data Breaches

by Siran S. Faulders , Steve D. Rosenthal and C. Reade Jacob, Jr. On July 7, 47 state attorneys general signed onto a multistate letter to the U.S. Congress emphasizing the importance of maintaining states’ authority to enforce data breach and data security laws, and their ability to enact laws...

DLA Piper LLP: Russia’s Data Localization Requirement Will Take Effect Sept. 1

By Michael Malloy and Pavel Arievich Russia’s much publicized changes to its data protection rules come into force as of September 1, 2015. These changes are broadly, and vaguely, written and apply to almost anyone handling the personal data of Russian citizens, whether one is located in...

Needed Now: Experienced and Talented Cybersecurity Professionals to Protect Government Data Systems

The announcement on June 4th of a massive cybersecurity attack that compromised data stored on Office of Personnel Management (OPM) systems for 4.2 million current and former federal employees is the most recent head-smacking report of how porous the government’s cyber defense systems apparently...

Peter S. Vogel: Legal Departments Cause Lots of Cyberintrusions by Opening Too Much Phish!

By Peter S. Vogel Verizon’s 2015 Data Breach Investigations Repor t identified that the legal, communications, and customer service departments “were far more likely to actually open an e-mail than all other departments.” My blog entitled “ Phishing and Malware Cyberattacks...

Student Data Protection in an Era of Education Technology Innovation

Reaching a Congressional Consensus Will Likely Require Additional Deliberation As summarized in this Alert , the congressional proposals introduced thus far take very different approaches to addressing how to protect the privacy of student data. During the current 114th U.S. Congress, a variety...

States and Congress Differ on Security-Breach Regulation

by Korey Clark Nearly every state in the country has passed a law requiring private or government entities to notify individuals about security breaches involving their personal information. And states have been toughening those laws in recent years. But cybersecurity legislation pending in Congress...

Peter S. Vogel: Cyber & Legal Risks All Over These 45 Security And Privacy Blind Spots!

By Peter S. Vogel Everyone should be interested in a recent Blind Spot Report which was created because of the “demand for accountability in respect to privacy protection is growing, and security professionals are finding themselves in part responsible for this issue.” The International...

Peter S. Vogel: What A Great Idea – Keep A Cybersecurity Attorney On Retainer!

By Peter S. Vogel Since “99% of incident response and forensics is run through IT not counsel” businesses should follow Computerworld’s advice about managing cyberintrusions since “time is not a friend in any breach situation, companies that have cyber security attorneys on...

Peter S. Vogel: Alert To All Lawyers – Inevitable Data And IT Disasters May Destroy Client Files!

By Peter S. Vogel A recent report warned that lawyers have an “ethical and regulatory responsibility to protect your client’s confidential information, it is imperative that you have a plan in place to protect your data from loss, corruption or theft.” Abacus Data Systems issued...

Peter S. Vogel: 5 Things Every Lawyer Needs To Know About Cyberinsurance!

By Peter S. Vogel Lawyers should take advantage of Computerworld’s recent update to IT professionals about cyberinsurance which included Gartner’s definition of cyberinsurance “as protection against losses stemming from data theft and data loss, or business interruptions caused by...

Peter S. Vogel: Surprise! Cyberintrusions Are Directed At eDiscovery Evidence

By Peter S. Vogel eDiscovery is the monster that ate Cleveland as everyone knows, but storing the ESI (Electronically Stored Information) is at risk to cyberintrusions since the ESI includes “highly sensitive information” as reported by my good friend Monica Bay in Legaltech News. Monica’s...

Peter S. Vogel: Cybercriminals Know How To Access Law Firms

By Peter S. Vogel Aderant recently published an article entitled the “5 Deadly Sins Cyber Criminals Know About Law Firm Security” written by Lewis Thomason CFO William Kunkel, attorney Joy Justin, and consultants from Sword & Shield. The first deadly sin everyone know about: 1....

Peter S. Vogel: Lawyers Looking For Witnesses & Evidence Need To Know About Internet Anonymity!

By Peter S. Vogel Infoworld recently reported about how folks can become anonymous on the Internet which comes in the wake of the 37 million individuals who were exposed in the Ashley Madison hack. The August 25, 2015 report was entitled “9 steps to make you completely anonymous online”...

Peter S. Vogel: FBI ALERT: Cyberattacks Directed at IoT (Internet of Things!) and Strong Passwords Can Help!

By Peter S. Vogel The FBI “is warning companies and the general public to be aware of IoT vulnerabilities cybercriminals could exploit” and encourages the use of strong passwords according to a FBI September 10, 2015 Public Service Announcement (PSA) entitled “ Internet of Things...

DLA Piper LLP: Plan now to use off-band communications during an incident response: key points

By Tara McGraw Swaminatha Your company is in crisis mode in the throes of a security incident response (IR). But you are calmly executing your well-honed IR plan − a plan you developed and tested during mock exercises over the past year. You are confident in your team’s ability to triage...

Peter S. Vogel: SEC Declares Planning for Prevention and Detection of Cyber Intrusions is Essential!

By Peter S. Vogel In a recent speech SEC Chair Mary Jo White declared that while “cybersecurity attacks cannot be entirely eliminated, it is incumbent upon private fund advisers to employ robust, state-of-the-art plans to prevent, detect, and respond to such intrusions.” On October 16...

Peter S. Vogel: Cyber Intrusion Responsibility Shared by General Counsel & IT

By Peter S. Vogel It is imperative that General Counsel learn IT technology and lingo- and that IT legal jargon given a recent survey identified that in almost 450 companies 31% rely on IT and 21% rely on General Counsel to be primarily responsible for assuring legal compliance when cyber intrusion...

Peter S. Vogel: Cyber Intrusion Planning Should Include Training Employees about eMail

By Peter S. Vogel Everyone should already know cyber intrusions are “when not if,” so the Federal Communications Commission (FCC) prepare a tool which “is designed for businesses that lack the resources to hire dedicated staff to protect their business, information and customers...

Peter S. Vogel: Advice about Cybersecurity Blind Spots Including Cloud Access

By Peter S. Vogel A report from Tenable Network Security identifies that blind spots “can increase legal risk because information retention policies designed to limit legal liability are very unlikely to be applied to electronically stored information (ESI) contained on unauthorized cloud, mobile...

Peter S. Vogel: MaaS (Malware-as-a-Service) – the Cybercrime Cloud Service NO ONE Wants to Think about

By Peter S. Vogel According to the 2015 Threat Report about MaaS is that the “ average price for exploit kits is usually between $800- $1,500 a month, depending on the features and add-ons” and the “price is likely to remain low due to increased competition.” The Websense Report...

ACC Foundation Releases Largest Study of its Kind on Cybersecurity Among In-House Counsel Underwritten by Ballard Spahr LLP

The Association of Corporate Counsel Foundation (ACC) released a State of Cybersecurity report underwritten by Ballard Spahr on December 9, 2015. The report provides valuable insights on cybersecurity issues from more than 1,000 corporate lawyers at 887 organizations worldwide—most of whom hold...

Privilege Protects Cyber Breach Investigation: A Norton Rose Fulbright Whitepaper

By David Navetta and Kris Kleiner On October 23, 2015, the Federal District Court in Minnesota upheld Target’s assertion that documents produced pursuant to an internal investigation of its 2013 security incident fell within the protections of the attorney-client privilege and work-product doctrine...