#LMAMKT

Business Social Media Accounts Can Be Part of Bankruptcy Estate

A Southern District of Texas bankruptcy court ruled that business social media accounts are property that has value and belongs to the subject business. Therefore, the accounts are part of the businesses’ bankruptcy estate and must be surrendered by the businesses’ former owner. The case is In re: CTLI LLC, No. 14-33564 (Bankr. S.D. Tx. Apr. 3, 2015).

Here is a more extensive article about the case but it is behind the Law360 paywall: Social Media Can Be Part Of Ch. 11 Estate, Judge Rules – Law360.

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New York Court Permits Service of Divorce Papers via Facebook

Social Media SwirlJustice Matthew Cooper, of the Manhatten Supreme Court, made a landmark ruling that permits a woman to serve divorce papers on her estranged husband via Facebook messenger. In this case, it only makes sense to permit this:

  • The husband has deserted the wife
  • The husband has no fixed address or place employment
  • The husband’s only contact with the wife has been via telephone and Facebook
  • The wife has been diligent in trying to serve the husband but he has refused to make arrangements to accept service

Read more: EXCLUSIVE: Judge says Brooklyn woman can use Facebook to serve divorce papers

This is an interesting development in the law. Just a couple of years ago, a Federal judge in New York refused to allow service via Facebook — and I blogged about that case as well as the then-ongoing debate in Texas about a legislative proposal to allow service of legal documents via social media. I am sure we will see more of it as this is the natural trend for the law to take.

-Shawn

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Useful Info on Cyber Security Definitions for Common Jargon & Acronyms

The world of cybersecurity is full of all kinds of cool and exotic sounding acronyms that, just as lawyers do, cybersecurity pros use to (1) communicate valuable information but, perhaps more importantly, (2) sound really cool!

If you want to be in the club, here’s a great post where you go to get the basics:

Cyber Security Definitions for Common Jargon & Acronyms.

Target in Miami

A Few Thoughts on the Consumer Litigation Settlement in the Target Data Breach Case

Target in MiamiMany thanks to CSO Online and Michael Santarcangelo (@catalyst) for his excellent synopsis of our conversation regarding the recent settlement of the Consumer Litigation in the Target data breach lawsuit (note, the more substantive Financial Institutions Litigation has not settled).

Please give the full article a read and also give a shout-out to Michael on his Twitter and let him know what you think so he’ll call me again sometimes! :)  What security leaders need to know about the Target breach settlement

-Shawn

cyber law = business law

Cyber Law is (the new) Practical Business Law

Image courtesy of 89studio at FreeDigitalPhotos.net

Image courtesy of 89studio at FreeDigitalPhotos.net

I have had a thing for simplicity lately. A couple of months ago I was on stage speaking and something really hit me. I was watching the audience and the looks on their faces made me realize that, while what I was saying was technically accurate, to most of the people in the crowd, it sounded like gibberish — like when my mathematics-obsessed son tries to talk to me about Calculus. Or is it Trigonometry?

Who knows? And, I’ll bet that’s exactly what that audience walked out of there thinking. I vowed to do things differently. To simplify. More.

Cyber is the new reality. The business world is now fully immersed in the cyber world. Indeed, every business now has cyber issues unless it operates without a computer, data, or connection to the Internet. Can you think of any? Me either.

CircuitsSince cyber is now a real-world issue that affects everyone, not just the uber-sophisticated techno-types, but real world people too, cyber law has likewise made its way into the mainstream.

The cyber world poses incalculable cyber risks for businesses and that means that cyber law is now practical business law.

That is the point of my recent article Practical Cyber Law: Yes, Even Your Clients May Face Cyber Risk Issues that was published in Volume 3: Winter 2015 Edition of Circuits, a publication of the Computer & Technology Section of the State Bar of Texas (full issue). Please give it a read and let me know your thoughts.

 

Shawn Tuma (@shawnetuma) is a cybersecurity lawyer business leaders trust to help solve problems with cutting-edge issues involving cyber risk and compliance, computer fraud, data breach and privacy, and intellectual property law. He is a partner at Scheef & Stone, LLP, a full-service commercial law firm in Texas that represents businesses of all sizes across the United States and, through theMackrell International Law Network, around the world.

ipviking

Is China responsible for all the hacking it has been blamed for? Not according to Norse.

An interesting article about Norse’s upgrades to its ipviking system indicate that China may not be quite as bad as we previously thought:

3C: So what have you discovered?

Stiansen: We’re learning that traffic and attacks coming out of China isn’t really China. It’s actually other nations using China’s infrastructure to do the attacks. It’s not just one country, it’s the top 10 cyber countries out there using another countries’ infrastructure.

3C: So is China getting a bad rap?

Stiansen: Correct.

Read more of the article here: Norse discovers stunning Dark Net attack patterns – Third Certainty.

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Private Investigators, You Are Not Immune From the Computer Hacking Laws

I have seen far too many cases where private investigators do things like install keyloggers on estranged-spouses computers, install sniffer programs to find their login credentials, and do other nefarious activities to hack their way into computers. Why should it come as a surprise to anyone that a PI has now been busted for hiring a professional hacker to break into the email accounts of individuals he was investigating?

Good! It is about time this starts getting some attention. Maybe one day they’ll realize that all of these computer hacking laws that we’re always talking about actually apply to them too.

Here is a nice write-up of a recent case if you’d like to read more: Private Investigator Pleads Guilty to Hacking Email Accounts