Cybersecurity

DOJ Will Use False Claims Act to Target Cybersecurity Fraud

On October 6, Deputy Attorney General Lisa Monaco announced the launch of the US Department of Justice’s (DOJ) Civil Cyber-Fraud Initiative. The DOJ will utilize the False Claims Act (FCA) to pursue cybersecurity related fraud by government contractors and grant recipients.  The False Claims Act was enacted during the Civil War to stamp out fraud…
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Breach

Attorney-Client Privilege in the Age of Cyber Breaches

Investigations and forensic reports relating to a cybersecurity breach may not always be protected by the attorney-client privilege or work product protection.  Companies seeking such reports after a data breach must take caution to protect them from a possible waiver of privilege in the event of subsequent litigation relating to a data breach. The following…
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UK

UK Proposes Reforms to Data Protection Laws

On 10 September 2021, the UK Government’s Department for Digital, Culture, Media, and Sport (DCMS) published its long-awaited proposals for reform of the country’s data protection laws. The consultation paper includes a detailed and comprehensive set of suggested amendments to the UK GDPR, Data Protection Act 2018, and Privacy and Electronic Communications Regulations (PECR), with…
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Data Security

The Impact of Data Security Incident Trends on Commercial Transactions

The 2021 edition of BakerHostetler’s annual Data Security Incident Response Report – a report based on the firm’s experience with data security incident response and litigation over the past year – features a number of important insights previously covered on this blog including trends in global breach notification, healthcare industry risks and ransomware. The Report is a helpful tool for companies…
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Cybersecurity

How Cybersecurity Frameworks Can Protect Your Organization (Even in the Event of a Breach)

It’s certainly no secret how damaging data breaches can be for organizations today. And if lost revenue and a tarnished reputation aren’t enough to make you want to act, your organization could face punitive damages if you fail to protect your customers’ private information. Yes, that’s right—steep fines imposed by regulatory agencies can await those…
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SEC

SEC Doubles Down on Safeguards Rule Enforcement

The Securities and Exchange Commission issued sanctions against three financial services companies last week. The sanctions came in response to a series of email-takeover attacks in which Personally Identifiable Information (PII) was exposed.  In each case, the SEC found that the firms failed to implement proper cybersecurity measures against breaches. Each firm was found responsible…
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Cybersecurity

Infrastructure Bill Allocates Nearly $2 Billion to Cybersecurity 

On Tuesday, the U.S. Senate approved a $1 trillion infrastructure package, which it has passed along to the House for approval. The package includes a variety of bills that allocate spending toward critical infrastructure, including roads, railways, bridges, electric vehicles, and telecom companies. The package also allocates more than $1.9 billion toward cybersecurity. The move…
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Privacy Laws

Uniform Law Commission Approves Template for State Privacy Laws 

Last month, the Uniform Law Commission (ULC), a nonpartisan coalition of U.S. legal professionals, released a framework from which states can design privacy laws.  The framework, called the Uniform Personal Data Protection Act (UPDPA), has been in development since 2019, and governs how organizations handle U.S. citizens’ sensitive personal data. The framework, or model bill,…
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A Guide to Florida’s Proposed Version of CCPA

The California Consumer Privacy Act (CCPA) has been an influential model for other states as they draft their own data privacy legislation. Recent laws from Virginia and Minnesota closely resemble CCPA, and now Florida has made joined the movement with a new data privacy law that is strikingly similar to California’s. The bill, called HB 969, has…
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