Archives: Cybersecurity & Data Breach

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The Ninth Circuit Holds that California’s Anti-Hacking Law, Penal Code Section 502, does not Proscribe Unauthorized “Access” to a Database; Rather, the Section Prohibits Unauthorized Use, Copying, or Manipulation of Information in the Database

California’s Computer Data Access And Fraud Act, Cal. Pen. Code, § 502 (“CDAFA”) is a state law analog to the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq. (“CFAA”).  Both are aimed at fighting unauthorized intrusions into electronic data (for a primer on these statutes, see “Strategies For Businesses Protecting Electronic … Continue Reading

SEC Urges Investment Firms to Better Prepare for Ransomware Attacks

On May 17, 2017, the SEC’s Office of Compliance Inspection and Examination (“OCIE”) issued a risk alert urging broker-dealers, investment advisors and investment companies to safeguard themselves against ransomware in light of the recent global “WannaCry” ransomware attack that impacted entities in over one hundred countries, including Britain’s health system and major companies such as … Continue Reading

Settlement in Home Depot Class Action Provides Data Security Corporate Governance Framework for Companies

The latest settlement in Home Depot’s data breach litigation provides a data security framework for corporate governance that may be used by other companies as a template.  Based on claims arising from a massive data breach in 2014 involving 56 million credit cards, Home Depot Inc. recently settled both a shareholder derivative action and a class … Continue Reading

SEC Hints that Enforcement Actions on Lax Cybersecurity Might Be Coming

With the confirmation of Jay Clayton as the Chair of the Securities and Exchange Commission, comments made last month by the Acting Enforcement Director, Stephanie Avakian, regarding the importance of accurate reporting in the area of cybersecurity, and consequences of inaccurate reporting, may get lost.  At a speech last month, Ms. Avakian, on behalf of the … Continue Reading

Trump Budget Raises Questions about Approach to Cybersecurity

On Thursday, March 16, 2017, President Trump unveiled his “America First” budget blueprint.  One of the most important quandaries for those in the cybersecurity world is how the proposal to reorganize the executive branch to improve “the Federal Government’s effectiveness, efficiency, cybersecurity, and accountability” will impact our nation’s cyber defenses since overall spending in this … Continue Reading

NARUC Release of Cybersecurity Guidelines should have Utility Companies on High Alert

On January 30, 2017, the National Association of Regulatory Utility Commissioners (“NARUC”) released Version 3.0 of “Cybersecurity A Primer for State Utility Regulators.”  This cybersecurity overview is an important reminder to public utilities to be prepared for cyber threats. Then again, public utilities probably don’t need a reminder after a cybersecurity event that occurred at … Continue Reading

New York Department of Financial Services Delays Compliance Deadline for Cybersecurity Regulations

On October 25, the Privacy Law Report featured a blog post on new cybersecurity regulations being implemented by the New York Department of Financial Services (“DFS”).  Those regulations impose a number of requirements on financial institutions, including banks and insurance companies, such as the implementation of cybersecurity programs, the manner in which those companies handle … Continue Reading

Nossaman Hosts Annual Cybersecurity Symposium with UC Irvine

On December 1, Nossaman hosted its second annual Cybersecurity Symposium in conjunction with the University of California, Irvine School of Law.  This year’s Symposium was entitled “Cybersecurity, Data Breach, and Privacy: Examining Your Risks and Legal Issues From the Inside Out” and focused on recent developments in internal and external cybersecurity, data breach and privacy … Continue Reading

House Committee Warns Congress to Set Security Standards

Last week, members of the House Energy and Commerce Committee told Congress that they must set cyber security standards for all devices connected to the internet or else face the possibility of a major cyberattack that could cripple critical infrastructure throughout the United States. This hearing came on the heels of the widespread internet outage … Continue Reading
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