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: 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...

FTC Urges Start-Ups to Incorporate Cybersecurity Early

by Mary C. Zinsner and Ethan G. Ostroff The Federal Trade Commission is proactively encouraging start-ups to take cybersecurity seriously and include consumer data safeguards early in the innovation process. At the FTC’s Start with Security conference in San Francisco on September 9, FTC Chairwoman...

SEC Files Its First Cybersecurity Enforcement Action

Cybersecurity is one of the current hot topics of discussion. Regulators here and abroad have expressed concern regarding cybersecurity. Breaches are periodically reported in the media. Now the SEC has brought its first enforcement action centered on cybersecurity. In the Matter of R.T. Jones Capital...

Book Review: Cyber Risks, Social Media and Insurance

We live in a world in which rapidly shifting technologies and communications modalities have changed the way we interact and conduct business. These new media and means of interaction have introduced innumerable benefits and efficiencies. Unfortunately, these new alternatives have down sides; among other...

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...

Day-After-Safe Harbor Action Plan

by Boris Segalis , Marcus Evans and Jay Modrall As we have written extensively, the European Court of Justice’s (ECJ’s) ruling in the Schrems case on October 6, 2015 may effectively invalidate the US-EU Safe Harbor framework. While we believe that the Advocate General’s rationale...

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...

Discussion of Recent Invalidation of the US-EU Safe Harbor Framework for Online Privacy

Last week, I was a guest on the “This Week in Law” Podcast, where I talked about the potential impact of the recent invalidation of the US-EU Safe Harbor framework for online privacy. This will likely have far-reaching consequences for startups with users in the EU. Click on the link below...

Are You Ready? Five Key Cybersecurity Battlefronts.

“No foreign nation, no hacker, should be able to shut down our networks, steal our trade secrets, or invade the privacy of American families. . . . I urge this Congress to finally pass the legislation we need to better meet the evolving threat of cyber attacks, combat identity theft, and protect...

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...