Cybersecurity

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On October 16, 2017, the U.S. Supreme Court agreed to review a highly publicized Second Circuit decision, which held that the federal government cannot use warrants issued under the Stored Communications Act to seize customer emails stored exclusively on foreign servers.  Under the decision, Microsoft was permitted to refrain from producing emails stored on a…

On October 11, 2017, President Trump nominated Kirstjen Nielsen, the current White House Deputy Chief of Staff, to be Secretary of the Department of Homeland Security (“DHS”).  Ms. Nielsen has significant cybersecurity experience, including through her prior roles at the Center for Cyber and Homeland Security at George Washington University and the National Cybersecurity Center. …

In his remarks yesterday at the Cambridge Cyber Summit, Deputy Attorney General Rod J. Rosenstein discussed the ever-growing threat posed by cyber criminals, the DOJ’s recent successes in combating cyber threats, and how private corporations and law enforcement can collaborate in the battle against cybercrime.
Continue Reading Deputy AG Rosenstein Addresses Public-Private Collaboration on Cybersecurity

As the implementation of China’s first comprehensive cybersecurity law (the “CCL”) progresses, concern is mounting in the international business community regarding the law’s expansive scope, prescriptive requirements and lack of clarity on a range of critical issues. Vocalizing such concern, on September 25, 2017, the United States government asked China to halt its implementation of…

As the Equifax breach litigation gets underway, several recent decisions have widened a split on when and under what conditions customers or other affected individuals may bring claims against a company that suffers a data breach. Late last month, a D.C. federal judge dismissed a lawsuit based on the massive breach at the U.S. Office…

Yesterday, Yahoo announced that the data breach it suffered in August 2013 was much broader than previously believed, affecting all three billion of its users.  This announcement comes on the heels of a federal judge refusing to dismiss a consumer class action against the company.  Our recent memorandum discussing that decision and other recent decisions…

On September 20, 2017, SEC Chairman Clayton issued a statement after reports circulated that the SEC’s EDGAR filing system had been hacked.  Chairman Clayton disclosed that the SEC learned in August 2017 that a breach previously detected in 2016 may have resulted in illicit trading based on the hacked information.  The SEC’s statement sought to…

Several regulators have promptly announced investigations into the circumstances surrounding the Equifax breach. The New York Attorney General was the first to announce his office was launching an inquiry.  Since then, the FTC announced it was also conducting an investigation and the Massachusetts Attorney General brought an enforcement suit against Equifax alleging that the…

New York Governor Andrew Cuomo announced that in response to the Equifax breach he was proposing a new NY Department of Financial Services (“DFS”) regulation that would give DFS oversight over credit reporting agencies for the first time.  To date, DFS’s cybersecurity regulations, some of the toughest in the country, have applied to financial institutions…