Is Texas a good state for a plaintiff to bring a Computer Fraud and Abuse Act (CFAA) claim? Yes it is, and a recent case reaffirms that the Federal District Courts in Texas are generally favorable jurisdictions for plaintiffs with CFAA claims because of two key issues, access and loss jurisprudence. On February 3, 2014, the […]
A federal court in the Northern District of Texas ordered the plaintiffs to identify the trade secrets they accused the defendants of misappropriating before the parties began discovery. In this case the plaintiffs sued the defendants alleging they had misappropriated their trade secret information. Before the parties began discovery in the case, the defendants filed […]
Today I attended a meeting where a Special Agent of the United States Secret Service’s North Texas Electronic Crimes Task Force discussed the role of law enforcement in responding to hacking / data breach incidents and provided an overview of the steps the Secret Service often takes in investigating such incidents. The Special Agent passed […]
The Federal Trade Commission now requires businesses to take the following 3 steps when contracting with data service providers: Investigate. Obligate. Verify. Is your business following these steps? Investigate. Businesses are required to investigate by exercising due diligence before hiring data service providers. Obligate. Businesses are required to obligate their data service providers to adhere […]
The SEC Will Be Looking at Companies’ IT Security and Data Breach Response Policies — Is Your Company’s Up to Date?
THE POINT: Recent statements from the SEC indicate that the new standard of care for companies may require policies in place for (1) prevention, detection, and response to cyber attacks and data breaches, (2) IT training focused on security, and (3) vendor access to company systems and vendor due diligence. Do you still think your […]