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The Legal Intelligencer

Cyberrisk: A Peek Back at 2016 and a Look Ahead at 2017

As 2016 comes to a close I want take a moment to look back at my cyberrisk predictions from a year ago and discuss what to expect in 2017 and beyond. In case you missed it, with the election and cyberfatigue, cyber-related incidents are still happening at an alarming rate. According to the Identity Theft Resource Center, as of Nov. 29, there have been 932 breaches and 34,305,616 compromised records so far in 2016. That is an average of nearly three breaches and over 100,000 compromised records a day. Looking back, my predictions were fairly close to the mark.
22 minute read

Legaltech News

Facing a Data Breach Suit Without the Data Breach? 'Scary.'

It may be a long wait until a court answers the question of whether an easy target for a hacker is also a sitting duck for a plaintiffs firm.
14 minute read

Legaltech News

The Human Factor in Information Security

In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.
19 minute read

New York Law Journal

The Business Judgment Rule and Corporate Data Breaches

In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris examine a case in which a district court in Georgia dismissed one of the first shareholder derivative actions that challenged the adequacy of a corporation's data-breach prevention strategy. They note that while that court held that the business judgment rule shielded the company's actions, it remains to be seen whether that position becomes the majority one.
17 minute read

The American Lawyer

Facing a Data Breach Suit Without the Data Breach? 'Scary.'

A suit by data privacy lawyer Jay Edelson seeks to hold Chicago's Johnson & Bell liable for lax security measures even though the firm never suffered a data breach. Lawyers are skeptical the case has a leg to stand on—but fearful if it does.
14 minute read

Legaltech News

Intelligent Contracts—Is This the Way Forward for Enterprises?

Blockchains can be used for more than just bitcoin, but limitations on smart contracts mean they may not deliver all that is promised.
18 minute read

The Legal Intelligencer

Pa. Federal Judge Slaps Down Jill Stein's Recount Bid

In a strongly worded opinion, a federal judge in Pennsylvania has denied Jill Stein's motion for a recount of the presidential election ballots cast in the state, saying the unsuccessful Green Party candidate's suspicion that voting machines may have been hacked "borders on the irrational."
12 minute read

Daily Report Online

After a Data Breach, Don't Throw Money at Customers: It Can Backfire

The post-breach strategy of lavishing customers with attention can backfire and actually make them suspicious of the company, according to new research by a group of information systems professors.
9 minute read

Legaltech News

Chicago's Johnson & Bell First US Firm Publicly Named in Data Security Class Action

The Johnson & Bell suit, originally filed in April, is unlikely to be the last from class action lawyer Jay Edelson.
19 minute read

The Recorder

CFAA Critics Won't Get Rehearing From Ninth Circuit in Facebook Case

For the second day in a row, the U.S. Court of Appeals for the Ninth Circuit narrowed a panel decision addressing the computer hacking law at the same time it denied en banc review.
6 minute read

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