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New York Law Journal

Insurance Challenges Ahead as Cyber Perils Shift

Joshua Gold of Anderson Kill P.C. writes: The landscape of insurance coverage for technology risk alters as fast as the risk itself—that is, constantly and dramatically. Today's conventional wisdom can become obsolete in a heartbeat. Sound risk management will continue to require close monitoring of the situation, smart decision making and adaptability.
16 minute read

New York Law Journal

A Meeting of the Minds: Emerging Regulation and the Convergence of Cyber and Fraud

Joseph Nocera and Douglas B. Bloom of PwC discuss new regulatory developments, writing that these new rules will require organizations to enhance many aspects of their cybersecurity programs. However, the combination of incident reporting requirements from both FinCEN's advisory and DFS's Part 500 demands a level of convergence between financial fraud and cyber controls in the banking industry heretofore unseen.
15 minute read

New York Law Journal

Do Mitigation Efforts Give Plaintiffs a Right to Sue in Data Breach Cases?

Seth D. Rothman and Dennis S. Klein of Hughes Hubbard & Reed write: Imagine that your credit card information is stolen in a data breach. Do you have standing to sue the company where the data breach occurred? Most courts would say "no," not unless the hackers misuse your information and you incur fraudulent charges. But if there is a substantial risk that this may happen and you take steps to prevent it, you may be able to recover your mitigation costs.
16 minute read

New York Law Journal

Regulatory Oversight of Third-Party Arrangements: Who's Writing the Contract?

John Kennedy, Michelle DeBarge and Timothy Wright of Wiggin and Dana write: Responding to the growing recognition of "third-party risk," regulators are sharpening their focus on how businesses manage third-party providers, to the point of mandating (or at least strongly encouraging) specific types of terms in contracts with parties that access or manage a company's systems or data. Regulators are further extending their reach by mandating cybersecurity policy content and certain risk management practices for third-party provider arrangements.
22 minute read

New York Law Journal

Cybersecurity for Law Firms: Business Imperatives Update 2017

Following the maxim that it's better to light a candle than to curse the darkness, Kenneth N. Rashbaum of Barton LLP suggests practices for law firms to mitigate cybersecurity risks.
21 minute read

Legaltech News

Silicon Valley GCs Defend Ron Bell, Say He's The Fall Guy for Data Breach

Some GCs blamed Bell's departure on company politics and said Bell is falling on the sword for larger issues at the beleaguered company.
12 minute read

New York Law Journal

New York State Tweaks Final Cybersecurity Regulations

Final rules exempt a few insurers from complying with New York's new state-mandated cybersecurity safeguards, but the regulations put into place this week provide few deviations from the plan first outlined last year by the state Department of Financial Services.
6 minute read

Legaltech News

Law's Lessons Learned From the “CloudBleed” Leak

Although the leak doesn't seem to have hit the legal industry hard, it may provoke a mindset shift around data security in law firms and legal departments.
11 minute read

Legaltech News

When Lawyers Become Hackers

A look at how attorneys might find “ethical hacking” useful in the e-discovery process.
12 minute read

New York Law Journal

Counsel Face Major Challenges with Rise of the Internet of Things

In addition to heeding ever-changing regulations over Internet of Things devices, counsel must reckon with novel security and discovery burdens.
9 minute read

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