Businesses Beware of the Parallax RAT Trap
7/7/20
By: Peter Dooley
One of the newest and most potentially harmful malware campaigns, the appropriately named Parallax RAT, has been wreaking havoc on businesses of all sizes during this already trying time of increased remote work. RAT stands for “remote …
BREAKING – Supreme Court Severs Government-Debt Exception From TCPA
7/7/20
By: Matt Foree
Yesterday, the Supreme Court of the United States issued its decision in Barr vs American Association of Political Consultants, Inc. As we reported earlier here, this case deals with the constitutionality of the government-debt exception to …
New Jersey’s Continued Push to Expand its Data Breach and Privacy Laws
7/1/20
By: Zachary Danner
Following in the steps of California and other states considering consumer privacy legislation, New Jersey’s legislators have recently introduced a number of bills that would establish specific notification requirements for the collection and use of personally identifiable …
FINRA Issues Guidance on Remote Work Including Continued Warning for Cyber Threats
6/15/20
By: Kathleen Cusack and Kirsten Patzer
Although all 50 states have begun the process of reopening, business spaces have not yet returned to full capacity and many people continue to work remotely. On May 28, 2020, the Financial Industry Regulatory …
An Arbitration Clause May Present A Defense To A Data Breach Class Action – But At What Cost?
6/10/20
By: Bill Cheney
A common defense strategy in response to data privacy and security class actions is to file a motion to compel arbitration. The arbitration forum has a number of advantages, including efficiency, speed, lower costs, expertise, and confidentiality, …
Cybersecurity Forensic Reports and the Work Product Doctrine
6/3/20
By: Michael Kouskoutis
When responding to a data security incident, it is typical for a company’s attorneys to retain a computer forensics firm on behalf of the company to help investigate what occurred. Because the forensic firm’s work is performed …
The State of Cyber Threats in 2020 and Ongoing Risks to Small and Medium-Size Companies
5/13/20
By: Renata Hoddinott
As we approach mid-year 2020, we look back on trends in data breaches and the landscape of cyber threats compared to 2019 as we continue to advise our clients before, during, and after a cyber incident. Risk-Based …
Supreme Court to Hear Arguments Remotely, Including TCPA Constitutional Challenge
4/16/20
By: Matthew Foree
This week, the United States Supreme Court announced that it would hear oral arguments remotely for the first time in its history. The Court will hear oral arguments by telephone conference on certain dates in May in …
Supreme Court Decides That Discrimination Claims Under Section 1981 Must Plead and Prove ‘But For’ Causation
4/3/20
By: Catherine Scott and David Cole
When asserting race discrimination, many plaintiffs bring claims under 42 U.S.C. § 1981, which affords “[a]ll persons . . . the same right . . . to make and enforce contracts . . . as …
Zoom Class Action Raises Privacy Concern with Favored Online Meeting Platform
4/2/20
By: Barry Miller
A class action filed March 30 alleges that the popular Zoom Video Communications platform is rife with privacy concerns.
That story has piqued the interest of the
legal community, as Zoom has become the platform of choice …
Facing Increased Cyber Threats Against Legal and Accounting Professionals During the COVID-19 Pandemic
3/24/20
By: Renata Hoddinott
Millions around the world have had their daily routines disrupted and a wide variety of companies are participating in the largest “work from home” mobilization in history. While the ability for professionals to work remotely is key …
FCC Confirms COVID-19 Pandemic Constitutes Emergency Under TCPA
3/23/20
By: Matthew Foree
The Federal Communications Commission (“FCC”) has just issued a Declaratory Ruling confirming that the coronavirus pandemic constitutes an emergency under the Telephone Consumer Protection Act (“TCPA”). The Declaratory Ruling can be found here. Consequently, “hospitals, healthcare providers, …