Avoid Two Common Information Security Misconceptions By Michael R. Overly 14 January 2016 Foley Partner Michael Overly reinforces that information security is much more than a privacyrelated matter and explains why denial-of-service attacks can be just as problematic to companies as confidentiality breaches. 

Taking Control of Cybersecurity: A Practical Guide for Officers and Directors By Chanley T. Howell, Michael R. Overly, and James R. Kalyvas 11 March 2015 Major cybersecurity attacks of increased sophistication — and calculated to maximize the reputational and financial damage caused to the corporate targets — are now commonplace. These attacks have catapulted cybersecurity to...

ALERT Employers Face Exposure for Cyberbreaches May 3, 2016 Phillip M. Schreiber Christopher G. Cwalina Norma M. Krayem HIGHLIGHTS: A newly filed lawsuit in California and a recent decision from the U.S. Court of Appeals for the Seventh Circuit serve as reminders to employers that the protection of sensitive employee information from cyberthreats should be a priority. In the Seventh Circuit...

LAWYER Cyberspace Reprinted with permission from Cyberspace Lawyer, Volume 21, Issue 2, K 2016 Thomson Reuters. Further reproduction without permission of the publisher is prohibited. For additional information about this publication, please visit www.legalsolutions.thomsonreuters.com. February 2016 â–ª Volume 21 â–ª Issue 2 CYBER INSURANCE AND SOCIAL ENGINEERING FRAUD,...

April 25, 2015 DATA SECURITY FOR EMPLOYER HEALTH PLANS IN THE WAKE OF ANTHEM AND PREMERA Peter Sloan Pete Enko Anthem’s data breach announcement in February,1 followed by the March disclosure by Premera Blue Cross of a strikingly similar cyber-attack,2 sent waves of alarm through both the health care industry and the employer health plan community. The scale of these companion...

08 March 2016 Practice Groups: Government Enforcement; Securities Enforcement; FinTech; Cyber Law and Cybersecurity; Consumer Financial Services A New Cyber Regulator on the Beat: The CFPB Issues its First Cybersecurity Order and Fine By: Ted Kornobis On March 2, 2016, the Consumer Financial Protection Bureau (“CFPB”) instituted its first data security enforcement action, in...

Advisory Privacy, Data Security & Information Use Finance Global Sourcing Privacy, Data Security & Information Use Executive Compensation & Benefits April 19, 2016 Negotiating Cybersecurity Contractual Protections for Retirement Plans By Jeffrey D. Hutchings, Susan P. Serota and Jessica Lutrin The ERISA Advisory Council1 recently announced that, as part of its...

Client Alert | Data, Privacy & Cyber Security / Technology No consensus on Privacy Shield following debate on adequacy March 2016 Authors: Detlev Gabel, Tim Hickman, Robert Blamires, Matthias Goetz, Audrey Oh The EU-US Privacy Shield remains a hotly debated issue. At a meeting at the European Parliament last week, it became evident that significant areas of disagreement remain between...

Do You Need Cyber Insurance or Will Your CGL Policy Be Enough? Fourth Circuit Affirms CGL Policies Require Insurer to Defend Company Against Alleged Data Breach April 21, 2016 In Travelers Indemnity Co. of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit Court of Appeals reverses the recent trend of insurance companies avoiding any liability for data breaches under commercial...

CLIENT ALERT ...

Privacy and Data Security Alert: Are Credit Card Company Assessments and Penalties Covered by Your Cybersecurity Insurance Policy? March 22, 2016 Cyber criminals frequently target credit card information that they can quickly sell on the black market. Because of the widespread nature of these types of attacks, more companies are now buying cybersecurity insurance. Such policies may provide...

Privacy and Security Law Report ® Reproduced with permission from Privacy & Security Law Report, 15 PVLR 934, 5/9/16. Copyright ஽ 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com Cybersecurity Insurance The result of Travelers Indemnity Co. of Am. v. Portal Healthcare Solutions, LLC is a notable win for policyholders seeking coverage for...

Insight Center Capabilities POWER OF INTELLIGENCE About Us INSIGHT CENTER: PUBLICATIONS People Locations Diversity Pro Bono Careers ONCE MORE UNTO THE BREACH: HOW COUNSEL SHOULD HELP CLIENTS PREPARE FOR AND RESPOND TO DATA INCIDENTS AUTHORS Sharon R. Klein Partner | 949.567.3506 7/01/2016 Alex C. Nisenbaum Associate | 949.567.3511 NEWS view all 7/12/2016 Jan P. Levine Quoted in The...

Data Breach Incident Response: 5 Questions to Ask and New Laws to Know Now 07.11.2016 | UPDATES The spring legislative sessions this year brought a now-familiar round of revisions to data breach notification laws, with states broadening their laws in often divergent ways. This year, Illinois, Nebraska, and Tennessee passed revised laws, and laws passed by Nevada and Rhode Island last year are...