Sony Class Action Moves Forward

Because Sony’s former employees “face ongoing future vulnerability to identity theft” they can proceed with their class action, a California District Court ruled on Monday.  The case, Corona v. Sony Pictures Entm’t, Inc., is linked to the North Korean hackers who tried to stop Sony from releasing the movie The Interview.  It was filed less than a month after Sony became aware of the attack. Relying on the Ninth Circuit’s decision in Krottner v. Starbucks, the court held that the plaintiffs have…
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Federal Cybersecurity Problems “Decades in the Making”

Yesterday, the House Oversight Committee received testimony from federal officials regarding the April 2015 cyberattack on the Office of Personnel Management (OPM), which compromised the personal information of approximately 4 million government employees and retirees, including social security numbers.  The executive branch delayed reporting the incident until June 4, much to the dismay of the House Committee. OPM head Catherine Archuleta was under fire for what Committee Chairman Jason Chaffetz, R-Utah, called the “most devastating” cyberattack in United States’ history.  Ms. Archuleta attempted to avoid…
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House Committee Leaders Request Information About Cybersecurity for Cars

On May 28, 2015, leaders on the U.S. House Energy and Commerce Committee from both parties wrote to the National Highway Traffic Safety Administration (NHTSA) and 17 auto manufacturers requesting information about plans to address cybersecurity issues in automobiles. The Committee leadership noted: Connected cars and advancements in vehicle technology present a tremendous opportunity for economic innovation, consumer convenience, and public health and safety. These benefits, however, depend on consumer confidence in the safety and reliability of these technologies. While threats to vehicle technology currently…
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Connecticut Supreme Court Makes Significant Ruling in Data Breach Case

The Connecticut Supreme Court made a very significant ruling yesterday in Recall Total Information Management, Inc. v. Federal Insurance Co., adopting wholesale the Appellate Court’s well-reasoned ruling that an insured’s loss of sensitive records, without more, does not constitute a “publication” of material that violates a person’s right of privacy. Notably, the Appellate Court held that absent proof of an unauthorized third party’s access to the personal identification information, the “publication” element of the Privacy Offense (under the definition of “personal and advertising injury”…
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“Anatomy of a Data Breach”

Blog contributor James M. Paulino II recently co-authored an article in DRI’s For the Defense. The article, “Anatomy of a Data Breach,” takes a look at fundamental concepts on both the technical and legal sides of the issue of cybersecurity to help companies and their counsel face the growing threat of data breaches head-on. “As the stage is set for the first major debate over federal legislation, two basic issues emerge for attorneys and clients alike. First and foremost, what exactly is a data…
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DOJ Issues Best Practices for Cyber Incident Response

The US Department of Justice, Criminal Division, Cybersecurity Unit has issued a 15-page best practices document “to assist organizations in preparing a cyber incident response plan and…in preparing to respond to a cyber incident.”  The document explains in detail steps necessary before, during and after a cyber attack or intrusion, summarized in a “Cyber Incident Preparedness Checklist” (see below).  “Any Internet-connected organization” is advised to review and adopt these best practices in order to provide a prompt, effective response to incidents, minimize resulting harm, expedite…
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Senator Seeks Answers from President on White House Cyber Attack

Chairman of the Senate Committee on Commerce, Science and Transportation, John Thune, has sent an open letter to President Obama to address the cyber attack on the White House’s unclassified computer system in late-2014. The breach, allegedly by Russian hackers, was according to Senator Thune “more extensive than previously known,” and accessed “a great deal of sensitive information, such as schedules, policy discussions, and e-mails sent and received by” Mr. Obama, “including exchanges with ambassadors.” Following increased attacks across Executive Branch departments and agencies, Mr.…
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Recent Class Action Settlements By Target & Adobe

Adobe’s impending settlement in a class action comes just a month after Target settled claims for $10 million.  Although confirmatory discovery is ongoing according to Law360, Adobe and the named class members are expected to present their settlement proposal to District Judge Lucy Koh by the end of May.  Last year, both Adobe and Target lost motions to dismiss that challenged the plaintiffs’ Article III standing based on the U.S. Supreme Court’s 2012 decision in Clapper v. Amnesty International USA.  This may have been…
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House Overwhelmingly Passes Two Cyber Threat-Sharing Bills, Senate Poised for Third

On Wednesday, April 22, by a vote of 307-116, the House passed its first major cybersecurity bill of 2015, the Protecting Cyber Networks Act (PCNA), backed by the leadership of the Committee on Intelligence, which would shield private companies when sharing cyber threat data with government civilian agencies, including the Commerce and Treasury Departments. A second bill, The National Cybersecurity Protection Advancement Act of 2015 (NCPAA), which amends the Homeland Security Act of 2002, was passed by the House the following day, Thursday April 23,…
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Symantec Issues Threat Report – Cyber Threats on the Increase

Symantec issued its 2014 Internet Threat Security Report (“ITSR” or the “Report”). The Report highlighted some interesting trends including:
  • “60 percent of all targeted attacks struck small- and medium-sized organizations.” In part, this is due to the fact that these “organizations often have fewer resources to invest in security, and many are still not adopting basic best practices like blocking executable files and screensaver email attachments. This puts not only the businesses, but also their business partners, at higher risk.”
  • “Non-targeted attacks still make up

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