LexisNexis® Legal Newsroom
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: EU Laws May Change Google’s Power

By Peter S. Vogel Under new publishing rules the EU is consider “Google may eventually have to pay newspaper and magazine groups whenever links to their content are shown on Google’s European aggregation sites.” The New York Times August 29, 2015 story “European Publishers...

Peter S. Vogel: Google Law: Google Decides if Sites May Force Apps

By Peter S. Vogel One might conclude that Google is the Internet law maker after “Google said that starting in November it would begin penalizing sites that show these “please install our app” ads.” The New York Times article on September 2, 2015 entitled “ Competitors...

Peter S. Vogel: CYBERALERT: .zip and .review are in the Top 10 Most Dangerous Top Level Domains (TLD)!

By Peter S. Vogel Most folks ignore anything to the right of the “.” but Blue Coat warns about the explosion in TLDs and “created a list rating the web’s shadiest and safest neighborhoods” based “on analysis of web requests from more than 15,000 worldwide businesses...

Peter S. Vogel: 11 Things to Do Before Your Laptop (Cell or Tablet) Disappears

By Peter S. Vogel I paste business cards to all new laptops, iPhones, and iPads because maybe somebody will steal the device or I might just lose it, which is likely since Networkworld estimates are “that a laptop is lost every 53 seconds.” The September 10, 2015 Networkworld report is...

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...

Privacy Law v. Freedom of Expression

Privacy law in Canada continues to grapple with that delicate balance between individual privacy and freedom of expression. The recent case Chandra v. CBC provides an interesting commentary on the quickly changing world of privacy law [subscribers can access an enhanced version of this opinion: lexis...

Keller and Heckman LLP: China's New Food Safety Law is in Effect

China's new Food Safety Law (FSL) became effective on October 1, 2015. The law was passed earlier this year, in response to several high-profile food safety scandals and the need for China to harmonize with the global practice of food safety management. The new law includes a number of significant...

Peter S. Vogel: Cyber Theft of Millions Caused by Phishing Malware!

By Peter S. Vogel Criminal charges have been filed against the botnet administrator of “Bugat,” “Cridex” or “Dridex” which is a “sophisticated malware package designed to steal banking and other credentials from infected computers” and the “FBI...

Ballard Spahr LLP: California Updates Data Breach Notification Statute

By Odia Kagan, Philip N. Yannella and Roshni Patel Three bills that will update California’s data breach notification requirements have been signed into law by Governor Jerry Brown. The bills impose specific requirements on providing breach notification to consumers, add a definition of “encryption...

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...

Norton Rose Fulbright: California Attorney General seeks to change Proposition 65 settlement landscape

By Lauren Shoor Continuing a flurry of activity this year to reform Proposition 65 in California, the Office of the Attorney General is proposing amendments to the Proposition 65 regulations that would affect settlement terms, penalty amounts, and attorneys’ fees in civil actions filed by private...

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...