The Securities and Exchange Commission’s Guidance On Cybersecurity and Cyber Incident Disclosure

BY MELISSA J. KRASNOW Background The U.S. Securities and Exchange Commission on occasion provides disclosure guidance on topics of interest to the business and investment communities. The SEC said recently that it has observed ‘‘an increased level of attention focused on cyberattacks.’’ The rash of costly cyberattacks against companies like Epsilon and Sony, among others,… Read More

Unauthorized Access of President Obama’s Student Loan Data Ends in Computer Fraud Conviction

The Eight Circuit Court of Appeals upheld the criminal conviction of Sandra Teague for accessing President Obama’s data in the National Student Loan Data System during her employment at a government contractor for the Department of Education. U.S. v, Teague, 646 F.3d 1119 (8th Cir. 2011). She was indicted and convicted by a jury for… Read More

Massachusetts Attorney General Enforcement Action: Data Breach, the Massachusetts Privacy Regulation and the Payment Card Industry Data Security Standard (PCI DSS)

Melissa J. Krasnow, Dorsey & Whitney LLP In March 2011, a Final Judgment by Consent was issued in Massachusetts v. Briar Group, LLC, which involves a 2009 Massachusetts data breach and implicates the Massachusetts privacy regulation and the Payment Card Industry Data Security Standard (“PCI DSS”).1 The Massachusetts privacy regulation applies to a person or… Read More

Can a Labor Union Be Sued Under the Computer Fraud and Abuse Act for Spamming an Employer’s Voice and Email Systems?

The answer is yes. The Sixth Circuit Court of Appeals last week reversed a district court and reinstated a Computer Fraud and Abuse Act (“CFAA”) claim brought by an employer against a labor union for “bombarding” the computer systems of its sales and executive offices with emails and voicemails making it impossible for the company… Read More

Legal Minds Interview with Nick Akerman

LegalMinds® Interviews Nick Akerman, summer 2001, vol 2. no.1 “In this exclusive LegalMinds® interview, Akerman discusses recent developments related to data security, identity theft, workplace and customer privacy issues, discloseure obligations and compliance with state laws and federal statues, as well as several recent Supreme Court decisions that can have a significant impact on your… Read More

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