LexisNexis® Legal Newsroom
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...

Peter S. Vogel: Cyberattacks on the Radar of Law Firms

By Peter S. Vogel With the help of the financial services industry “the legal sector has launched its own cyber-threat intelligence-sharing mechanism” known as the Legal Services Information Sharing and Analysis Organization (LS-ISAO) Services. The August 2015 Darkreading article entitled...

Peter S. Vogel: Mimecast Confesses that Cloud Mail Outage was DDoS Attack!

By Peter S. Vogel The Mimecast Incident Report stated that the US Data Centers and disruption of millions of emails were caused by a DDoS (Distributed Denial of Service) attack on September 21 from “10:46 am EST – 5:32pm EST.” The September 25, 2015 Incident Report summarized the...

Peter S. Vogel: Ransomware Alert: Client Data at Risk for Lawyers and Accountants!

By Peter S. Vogel The volume of Ransomware is increasing dramatically after malware is downloaded by unsuspecting employees “encrypts a user or company’s fi­les and forces them to pay a fee to the hacker in order to regain access to their own ­files.” KnowBe4 claims to be...

Peter S. Vogel: Is the Android Part of Google’s Antitrust Strategy?

By Peter S. Vogel The NY Times reported that “regulators are looking at whether Google unfairly uses the software to promote its other dominant services.” The report entitled “ F.T.C. Is Said to Investigate Claims That Google Used Android to Promote Its Products ” is based...

Ballard Spahr LLP: Pennsylvania Data Breach Class Action Survives Motion to Dismiss

By Daniel JT McKenna, Philip N. Yannella and Suzanne O. Lufadeju A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing even though he had left Coca-Cola’s employment...

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...

New Decision from West Virginia Supreme Court on Academic Freedom versus Freedom of Information Laws

The federal Freedom of Information Act (“FOIA”) and state open record law equivalents are designed to promote government transparency by allowing citizens to request copies of administrative records. Increasingly, they are also used to obtain otherwise private documents from government or...

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...

Litigation Seeking Climate Scientists’ Emails for “Transparency” Has Been Secretly Paid for by the Coal Industry

In March 2015, an Arizona trial court validated the University of Arizona’s denial of massive records requests by Energy & Environment Legal (“E&E Legal”), which sought 13 years of climate scientists’ emails under Arizona open records laws.[1] E&E Legal, formerly named...

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...

Third Circuit Holds No Coverage For Suits Alleging Improper Collection of Customer Data

In its recent decision in OneBeacon Am. Ins. Co. v. Urban Outfitters , 2015 U.S. App. LEXIS 16399, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ] (3d Cir.), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider...

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...

Foley & Lardner LLP: 3 Trending Topics in IoT: Privacy, Security, and Fog Computing

By Shabbi S. Khan Cisco has estimated that there will be 50 billion Internet of Things (IoT) devices connected to the Internet by the year 2020. IoT has been a buzzword over the past couple of years. However, the buzz surrounding IoT in the year 2015 has IoT enthusiasts particularly excited. This...

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...

Insurance May Cover Call Recording Class Actions

Companies often monitor or record conversations between their employees and customers for training or quality control purposes. You’ve probably heard messages to this effect yourself. These announcements are meant to satisfy laws that prohibit monitoring or recording unless both parties to the...

Injured Worker Had No Expectation of Privacy While Working Out at Gym: Cal. Comp. Cases December Advanced Postings (12/1/2015)

Here’s the latest batch of advanced postings for the December 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Amy Smith , Petitioner v. Workers'...