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Insight

Two weeks ago, the Department of Justice (“DOJ”) announced two significant enforcement actions and shut down NetWalker and Emotet, powerful tools that had been used by alleged criminal networks engaging in widespread ransomware extortion schemes.

February 11, 2021
Insight
Insight

On November 9, 2020, the U.S. Federal Trade Commission (“FTC”) announced a proposed settlement with Zoom Video Communications, Inc. (“Zoom”), a video conferencing provider, to resolve claims that Zoom deceived users about the extent and nature of its software’s encryption and secretly installed software that circumvented a browser security safeguard.

November 19, 2020
Insight
Insight

In 2019, the Federal Bureau of Investigation (“FBI”) estimated that business email compromises, often carried out via email scams that trick businesses into making wire payments, have caused an estimated $1.7 billion in losses for businesses that fell victim to these schemes, which amounts to the highest out-of-pocket losses incurred from any class of cybercrime.[1]

November 3, 2020
Insight
Insight

On September 29, 2020, the Department of Defense (“DoD”) issued an Interim Rule to supplement its Cybersecurity Maturity Model Certification (“CMMC”) program with a DoD Assessment Methodology.

October 14, 2020
Insight
Insight

On October 1, 2020, the Office of Foreign Assets Control (“OFAC”) issued guidance warning of potential sanctions risks for making ransomware payments related to malicious cybersecurity incidents.  The same day, the Financial Crimes Enforcement Network (“FinCEN”) issued an advisory related to the role of financial institutions in processing ransomware payments.

October 8, 2020
Insight
Insight

In June 2019, U.S. Customs and Border Protection (“CBP”) suspended a government contractor, Perceptics, LLC, after it suffered a highly publicized cyberattack that resulted in a breach of sensitive data collected from Government surveillance equipment used along the U.S. border.

October 7, 2020
Insight
Insight

General Counsel and in-house legal departments have long struggled with articulating the risk of and determining the appropriate response to breaches of the company network and the potential exposure of confidential information about employees and third parties. It’s rarely a simple question.

A version of this insight was published in Law360, September 18, 2020

September 2, 2020
Insight
Insight

A recent order by a federal court in Virginia rejected arguments that a cybersecurity consultant’s data breach report, which had been prepared at the direction of outside legal counsel, qualified for work product protection.

June 4, 2020
Insight
Insight

In this final installment of our three-part series around questions for companies to consider during and after the COVID-19 pandemic, we will focus on the increased usage of outside service providers and on issues specific to reopening.

June 2, 2020
Insight
Insight

Last week, we discussed how the increased number of employees working remotely created new challenges for companies’ information governance and record retention policies and practices (Part One).

May 26, 2020
Insight
Insight

It’s no news to anyone at this point that work has drastically changed in response to COVID-19. Working from home, designating essential employees, wearing masks, checking temperatures, and making other adaptations are common and expected.

May 21, 2020
Insight
Insight

When a person who is authorized to access information on a computer for certain purposes accesses the information for another, improper purpose, does that amount to a federal crime?

April 30, 2020