$3.6 billion in cryptocurrency has been recovered… so what now?
2/22/22
By: Julia Bover
On February 8, 2022, the Department of Justice (“DOJ”) successfully seized over $3.6B in stolen cryptocurrency linked to a 2016 hack of Bitfinex, a virtual currency exchange platform. The Bitfinex hack was one of the biggest digital …
The preservation of appellate rights is critical to any trial
2/15/22
By: Patrick Cosgrove, Esq.
In a rare trade secret appeal involving two competitors in the alcohol sale software business, the United States Court of Appeals for the Eleventh Circuit provided a not-so-subtle reminder to all attorneys that correctly preserving appellate …
2022 International Data Privacy Day: Top Ways to Prepare Your Organization for Data Security and Privacy in the New Year
1/28/22
By: David Cole, Nick Jajko and Heather Kuhn
Each year on January 28th, the International Association of Privacy Professionals (IAPP) celebrates International Data Privacy Day. It was a day created to establish awareness about the importance of respecting privacy, …
The human resources impact of the Kronos ransomware attack
1/11/22
By: Chenee Castruita
The unique combination of COVID-19 and a drastic decrease in the workforce found more workers putting in overtime this holiday season. Unfortunately, millions of workers last month experienced a delay not only in their packages, but in …
FTC expands data security requirements for financial institutions with an update to the Gramm-Leach-Bliley Safeguards Rule
1/10/22
By: Kirsten Patzer and Courtney Mazzio
On October 27, 2021, the Federal Trade Commission (“FTC”) announced an update to the rules implemented by the Gramm-Leach-Bliley Act expanding the definition of “financial institutions” under the Financial Privacy Rule and requiring these …
Economic loss doctrine bars medical device company’s negligence claim against IT vendor arising out of personal health information data breach
12/9/21
By: William E. Gildea
In Zoll Medical Corp. v. Barracuda Networks, Inc., et al, United States District Court, District of Massachusetts Civil Action No. 20-11997-NMG, (D. Mass. Sept. 21, 2021) (Gorton, J) (“Zoll”), Plaintiff Zoll Medical Corp. (“Zoll Medical”) sued a third-party IT vendor over …
Connecticut joins states offering businesses a “Safe Harbor” against data breach lawsuits
11/23/21
By: Barry Miller
Connecticut has become the third state to pass a “Safe Harbor” statute offering protection to businesses who face civil lawsuits based on data breaches.
The Connecticut statute, which took effect in October, encourages businesses to adopt one of six cybersecurity …
In a first, U.S. Treasury Department sanctions virtual currency exchange
9/28/21
By: Ben N. Dunlap, Esq.
The U.S. Department of the Treasury’s Office of Foreign Assets Control’s (OFAC) on September 21, 2021, for the first time issued sanctions against a virtual currency exchange, SUEX OTC, S.R.O. (SUEX), for its role in …
U.S. to buckle down on crypto payments in ransom cyberattacks- A push against a booming criminal industry
9/21/21
By: Julia Bover
The Wall Street Journal reported last week that the Biden administration is “preparing an array of actions” to combat the ransomware epidemic by targeting the digital currency market as early as this week. Sanctions on cryptocurrency were …
Data breach “Safe Harbor”: Could New Jersey’s businesses be getting a reprieve from the onslaught of litigation stemming from data breaches?
9/16/21
By: Zachary E. Danner, Esq.
Over the past several months, there have been numerous instances of significant data privacy breaches reported in the news. From Facebook, who experienced a data breach affecting over 540 million users, to Microsoft, Capital One, …
Attorney Work Product and Client Communication Privilege protections for data breach forensic investigation reports impacted by a recent ruling
8/9/21
By: Nicholas Jajko
The crack in the foundation of Attorney Work Product and Client Communication Privilege protections for data breach forensic investigation reports was further eroded by a recent Federal district court ruling.
The Magistrate Judge in a Middle District …
It’s a crowd: Colorado joins California and Virginia in passing consumer privacy legislation
8/6/21
By William W. Cheney
On July 7, 2021, Colorado passed the Colorado Privacy Act (“CPA”), becoming the third state, joining California and Virginia, to enact comprehensive consumer privacy legislation. The CPA will not go into effect, however, until July 1, 2023. Moreover, Colorado Governor Jared Polis noted in signing the …