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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

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
Insight
Insight

For the period between January and June 2019, Facebook received 128,617 requests for user data from various government entities—16% above the 110,634 requests in the period between July and December…

November 20, 2019
Insight
Insight

The United States and the United Kingdom recently entered the first ever CLOUD Act Agreement , which aims to streamline the process by which either government can collect electronic evidence located…

October 24, 2019