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Privacy Monday – June 23, 2014

Posted in Cybersecurity, Data Breach, Data Compliance & Security, Privacy Monday

DC Update from Politico Morning Tech “DATA BREACH DRAFT DELAYED – The thorny issue of FTC enforcement has slowed efforts to release a draft of Rep. Lee Terry’s data breach bill, according to sources close to the process. Terry had hoped to release the draft he’s been working on with Democrats John Dingell and Peter… Continue Reading

Five Lessons from OCR’s Report to Congress on Breaches and HIPAA Rules Compliance

Posted in Cybersecurity, Data Breach, Data Breach Notification, HIPAA/HITECH, Privacy Regulation, Security

Written by Stephanie D. Willis and Dianne J. Bourque (republished from Mintz Levin’s Health Law Policy Matters blog)   Last week, the HHS Office of Civil Rights (OCR) released two reports required by the Health Information Technology for Economic and Clinical Health (HITECH) Act: (i) the Annual Report to Congress on Breaches of Unsecured Protected Information… Continue Reading

Privacy Tuesday – June 17, 2014

Posted in Cybersecurity, HIPAA/HITECH, Privacy Monday

What’s that old saying … “a day late and a dollar short?”   Here is our Privacy Monday roundup … on Tuesday. Office for Civil Rights HIPAA Crackdown? The Office for Civil Rights (OCR) — the enforcement arm of the Department of Health and Human Services — has been quite busy since June of 2013.  Nine settlements… Continue Reading

Calling All Boards of Directors: Four Recommendations from the SEC

Posted in Cyber Risks Boardroom Series, Cybersecurity, Privacy Regulation

Written by Adam Veness SEC Commissioner Luis Aguilar recently spoke at the New York Stock Exchange Conference “Cyber Risks and the Boardroom.”  In his speech, Commissioner Aguilar emphasized the importance of cybersecurity and how fast the need for cybersecurity has grown in such a short time period, pointing out that U.S. companies experienced a 42%… Continue Reading

How Online Advertisers May Steal Your Personal Information: Recommendations for Protecting Consumers

Posted in Cybersecurity, Online Advertising, Security

Written by Adam Veness The United States Senate Permanent Subcommittee on Investigations recently released a report outlining six findings concerning online advertising risks to consumers’ personal information and four recommendations on how to protect consumers from these hidden hazards. FINDINGS 1) Consumers risk exposure to malware through everyday activity.  Consumers can incur malware attacks by… Continue Reading

Cyber Risks for the Boardroom Part 5: Coverage for Privacy Violations

Posted in Cybersecurity, Insurance, Privacy Litigation

The last installment in our series – “Coverage for Privacy Violations” Written by Heidi Lawson and Danny Harary Part 5 of 5:  Coverage For Privacy Violations As we previously noted, recent SEC actions on the topic of cybersecurity indicates increased SEC focus and likely heralds the coming of enforcement actions against public companies for cyber… Continue Reading

Cyber Risks for the Boardroom Part 4: Coverage for Investigations

Posted in Cyber Risks Boardroom Series, Cybersecurity, Insurance

Part 4 in our continuing series:  “Cyber Risks – Director Liability and Potential Gaps in D&O Coverage”:  Coverage For Investigations Written by Heidi Lawson and Danny Harary One of the biggest gaps in coverage in D&O coverage today is the lack of meaningful coverage for investigations.  Although at first glance the policy language may look… Continue Reading

Cyber Risks for the Boardroom Part 3: Top Questions Directors Should be Asking about D&O Coverage

Posted in Cyber Risks Boardroom Series, Cybersecurity, Insurance

Our series “Cyber Risks – Director Liability and Potential Gaps in D&O Coverage” continues — Part 3 of 5:  Top Questions Directors Should Be Asking About D&O Coverage Written by Heidi Lawson and Danny Harary Directors never want to be in the unenviable position of having to seek coverage under their D&O policy. Nevertheless the… Continue Reading

Cyber Risks for the Boardroom Part 2: Why Corporate Directors Should be Concerned About Data Security Breaches

Posted in Cyber Risks Boardroom Series, Cybersecurity, Data Breach, Insurance

All this week, we are featuring a series “Cyber Risks – Director Liability and Potential Gaps in D&O Coverage” Part 2 of 5:  Why Directors Should Be Concerned Written by Heidi Lawson and Danny Harary A data breach is not a unitary or self-contained event.  The fallout from a breach could impact the directors as… Continue Reading

Cyber Risks for the Boardroom Part 1: The Recent Increase in Focus on Privacy Issues

Posted in Cyber Risks Boardroom Series, Cybersecurity

Each day this week, we are going to explore some of the issues in the rapidly growing area of cyberliability.  We will examine the recent increase in focus on privacy issues, why directors should be concerned, the top questions directors should ask when it comes to coverage for cyber investigations, and what kind of cover… Continue Reading

Privacy Monday: Cinco de Mayo, 2014

Posted in Cybersecurity, Data Breach, Privacy Monday

Happy Cinco de Mayo! Breaking news this Privacy Monday:  The fallout from the massive Target Corporation data breach continues.  This morning, the Target board announced that Chief Executive Officer Gregg Steinhafel has resigned effective immediately.  The company has appointed Chief Financial Officer John Mulligan as interim president and chief executive.  Steinhafel spent 35 years with… Continue Reading

Regulators Speak at IAPP Breakfast Meeting in NYC

Posted in Cybersecurity, Data Breach, Data Compliance & Security, Federal Trade Commission

Written by Andowah Newton Some important takeaways to start your weekend: Data Breach Incidents—Especially “Ransom” Incidents, are on the Rise—One panelist observed that the New York State Attorney General’s Office received reports of approximately 900 data breach incidents during the past year alone.  There has been a significant increase in reports of “ransom” incidents, in… Continue Reading

Coming Monday – A new series that you won’t want to miss!

Posted in Cybersecurity

A new series for Privacy & Security Matters starting on Monday :  “Cyber Risks – Director Liability and Potential Gaps in D&O Coverage” – By Heidi Lawson and Danny Harary C-suite executives and board members are becoming more concerned about the risks posed to their companies by cyberattacks and data breaches. Each day next week… Continue Reading

The Digital Side of Corporate Risk Management

Posted in Cybersecurity, Data Breach Notification

Companies today need to be thinking of cyber risk management as part of their overall corporate risk management. The first step for companies is knowing the privacy laws in their industry as well as across states, says Mintz Levin’s Cynthia Larose, editor of this blog and chair of the Privacy & Security Practice, in “Corporate Risk… Continue Reading

Video Interview: Discussing Heartbleed with LXBN TV

Posted in Cybersecurity, Security

As a follow-up to our commentary here on the headline-grabbing Heartbleed bug, I had the opportunity to discuss the subject with Colin O’Keefe of LXBN. In the brief interview, I explain how companies should respond to the bug and the uncertainty surrounding the liability they may face.

Privacy Monday – March 31, 2014 OPENING DAY!

Posted in Cybersecurity, Data Breach, Data Breach Notification, Employee Privacy, Uncategorized

Last Monday in March (Opening Day for you baseball fans) – some privacy/security bits and bytes to close out the month. Microsoft:  “We won’t access private e-mail accounts …  Promise.” Microsoft has committed to no longer accessing the private e-mail accounts of its users after criticism that the company looked at the e-mail of a former employee… Continue Reading

The Target Breach Update

Posted in Cybersecurity, Data Breach

It has been difficult to keep up with all the various permutations of the Target data breach saga. Yesterday, the finger-pointing continued in the form of the release of a Harris Poll and testimony on Capitol Hill at a U.S. Senate hearing. 

REMINDER – Cybersecurity event at Mintz Levin Boston tomorrow

Posted in Cybersecurity

Mintz Levin is presenting a roundtable discussion tomorrow titled:  NIST Framework:  How to Best Mitigate Cyber Risk for Your Organization With the threats facing even the largest companies highlighted by recent disclosures by Target, Neiman Marcus, and others that the security of millions of customer credit and debit cards has been compromised, companies of all… Continue Reading

Privacy Monday – March 10, 2014

Posted in Cybersecurity, Privacy Monday, Privacy Regulation

We hope that you remembered to “spring forward” over the weekend — Today’s Privacy Monday is a bit longer than usual – but an important read, particularly if you are a mobile app developer. California Public Utilities Commission Declines to Develop New Regulations and Standards for Wireless Carriers and Mobile App Providers  . . …. Continue Reading

Boston Discussion – NIST Framework – March 25

Posted in Cybersecurity

NIST Framework:  How to Best Mitigate Cyber Risk for Your Organization The National Institute of Standards and Technology (NIST) last month released its final Cybersecurity Framework. Developed under an executive order from President Obama with extensive input and feedback from industry security professionals, the new NIST framework is designed to help companies in the financial… Continue Reading

Data: Big, Borderless and Beyond Control? Five Things You Can Do

Posted in Cybersecurity, Data Breach, Data Compliance & Security, Employee Privacy, Security

Written by Amy Malone There’s been a lot of talk about big data over the last few years and the breaches at Target and Neiman Marcus have many companies running in circles trying to figure out how to protect their systems and their data.  So what are some of the big issues in our current… Continue Reading