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CyberSecurity News: Spokeo, Galaria and Braitberg

Two Courts of Appeals have issued decisions during the past week related to cybersecurity and data retention which anyone who maintains electronic data and personal information should read.

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Privacy Class Action Dismissed Under Spokeo

As we recently touched on at the KMK Cybersecurity Seminar, lower courts are beginning to apply Spokeo Inc. v. Robins as defendants renew challenges to class certification. 

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Cybersecurity Issues in M&A Transactions – Part II

This post is a follow-up to January’s cybersecurity post discussing the cybersecurity considerations in performing due diligence in M&A transactions. The previous discussion can be found here. This post addresses two contractual provisions, the closing conditions and indemnification, which, if properly utilized, can protect acquiring companies from taking on too much cybersecurity risk in M&A transactions.

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CISA Makes Its Debut in 2016

The Cybersecurity Information Sharing Act (CISA), S. 754, was signed into law by President Obama on December 18, 2015 as part of the larger 2016 Omnibus Spending Bill, and arrived on the cybersecurity landscape with an equally strong set of supporters and opponents.  With strong views on both sides, CISA is the first step in building what all will likely agree is of critical importance – improving cybersecurity in the United States.  

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Cybersecurity Issues in M&A Due Diligence

In today’s M&A transactions, cybersecurity deficiencies in a target company pose potentially significant financial and regulatory risks to the acquiring company. For this reason, new measures must be implemented in M&A transactions to protect both companies from today’s emerging cybersecurity epidemic.

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Recent Ruling Changes How Companies Should Process or Store Data From EU

Recently, the European Union Court of Justice invalidated a Safe Harbor Framework (established in 2000), which thousands of companies relied upon to facilitate the transfer, processing and storage of data from the EU to the U.S.  Any company that processes and stores data from the EU, including customer and employee personal data, should be reviewing its contracts and procedures and monitoring these developments. 

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Federal Trade Commission’s Position As Cybersecurity Regulator Is Confirmed

In a case that will have significant ramifications for the legal landscape relating to cybersecurity, the Third Circuit Court of Appeals affirmed a lower court’s decision that the Federal Trade Commission (FTC) had the authority to regulate companies’ data security practices.

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CONTACT: Drew M. Hicks

Hackers Broaden Scope of Cyber Attacks to Conduct Insider Trading

On August 11, 2015, federal prosecutors in New York and New Jersey filed criminal charges against two alleged hackers and seven other individuals who allegedly traded securities based upon stolen information. The Securities and Exchange Commission filed a related civil complaint against those same nine individuals, as well as 23 other individuals and corporate entities.

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CONTACT: Drew M. Hicks

U.S. Office of Management and Budget Releases Proposed Cybersecurity Guidelines

As promised, the U.S. Office of Management and Budget on Tuesday released a set of proposed cybersecurity guidelines to help government agencies draft contracts with information technology contractors.

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Cybersecurity Updates Across the Three Branches

As the Supreme Court revels in its summer hiatus, and the federal government slows to its August halt, here is a status update and forecast on pending data breach litigation: 

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This blog is devoted to cybersecurity and privacy related issues. Our interdisciplinary group of attorneys with corporate, insurance coverage/risk prevention, information governance, labor & employment, HIPAA, employee benefits, and litigation experience, will discuss best practices for protecting your organization against data breaches and cyber attacks as well as recent developments in litigation and federal and state regulations.

Blog Contacts:  
Joe Callow, Litigation Partner or 513.579.6419

Rob Lesan, Business Representation & Transactons Partner or 513.579.6939


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