Data Security Law Blog

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DataSecurityLaw.com is the firm’s resource for the latest news, analysis, and thought leadership in the critical area of privacy and cybersecurity law.

Recent Blog Posts

  • 11th Circuit Hears Oral Argument in LabMD Case Yesterday morning, the United States Court of Appeals for the Eleventh Circuit, sitting in Miami, heard oral argument in the case of LabMD, Inc. v. Federal Trade Commission, No. 16-16270.  For purposes of this post, we presume readers are familiar with this case, which we’ve blogged about extensively since the Federal Trade Commission lodged an... More
  • A question of harm: LabMD to face off with FTC at 11th Circuit In a consequential test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit will hear argument tomorrow in a case that will determine whether the agency must show a concrete consumer injury as an element of an enforcement action, just as private plaintiffs have... More
  • NYS Cyber Regulation Countdown: Continuous Monitoring In our series of posts leading up to the August 28th deadline for the first phase of requirements under New York’s cybersecurity regulation, the Patterson Belknap team looks at issues that institutions face as they implement the new rules. In complying with the New York State Department of Financial Services (DFS) cybersecurity regulation, financial institutions... More
  • DFS Cyber Compliance Nightmare? A new survey by the Ponemon Institute reports that less than half of the financial institutions covered by New York’s sweeping new cybersecurity regulation say they will “likely” meet next February’s compliance deadline. And even more stunning is the fact that only 13% of those institutions surveyed reported “with certainty” that they would be in... More
  • NYS Cyber Regulation Countdown: “Risk Assessment” – Now or Later? In our series of posts leading up to the August 28th deadline for the first phase of requirements under New York’s cybersecurity regulation, the Patterson Belknap team looks at issues that institutions face as they implement the new rules. New York financial institutions are faced with a tough, and potentially costly, choice.  Conduct a risk... More
  • Ninety Days and Counting: NY Cyber Regulation’s First Deadline Faced with an approaching August 28th deadline, the more than 3,000 financial institutions that do business in New York should be knee-deep in implementing the first wave of requirements under the State’s sweeping and unprecedented cybersecurity regulation. As readers of this blog know, New York’s powerful banking regulator, the Department of Financial Services, has enacted... More
  • The Computer Fraud and Abuse Act Will Need To Wait Another Day In New York’s Commercial Division Justice Shirley Kornreich recently issued one of the few New York state court decisions  that address the Computer Fraud and Abuse Act (“CFAA”).  Spec Simple, Inc. v. Designer Pages Online LLC,  No. 651860/2015, 2017 BL 160865 (N.Y. Sup. Ct. May 10, 2017).  The CFAA criminalizes both accessing a computer without authorization and exceeding authorized access... More
  • SEC Warns of Ransomware Attacks The U.S. Securities and Exchange Commission is asking broker-dealers, investment advisers and funds to redouble their cybersecurity efforts in wake of the global cyber-attack of the WannaCry virus that has spread to more than 150 countries, disrupting critical sectors of the world economy – from transportations systems to healthcare. In a “Ransomware Alert” issued yesterday,... More
  • Craig Newman will Present Webinar on “How the Cybersecurity Executive Order Impacts Today’s IT Risk Strategy” On Tuesday, June 6th, Craig Newman will co-present a webinar with Steven Grossman, VP of Strategy and Enablement at Bay Dynamics, entitled, "How the Cybersecurity Executive Order Impacts Today’s IT Risk Strategy". Two events in a single month recently reshaped the cyber-security landscape – the President’s Cybersecurity Executive Order and a massive ransomware attack that... More
  • FBI Issues Ransomware Warning Amid cyber-attacks that have spread around the globe affecting at least 150 countries, the Federal Bureau of Investigation has issued a FLASH report warning of the effects of a ransomware known as “WannaCry.” The warning – issued in conjunction with the U.S. Department of Homeland Security – says that “tens of thousands of infections” have been... More