FTC v. LabMD: I always give ’em a fair trial before I hang ’em.

The legal findings in FTC v. LabMD. LabMD was vindicated by the November 15, 2015 Initial Decision in FTC v. LabMD (the Decision). In the Decision, the Chief Administrative Law Judge (ALJ) ordered the FTC to dismiss its Complaint against LabMD based on the following findings as to LabMD’s 2008 “data breach”: There was “no evidence that …

SEC v. R.T. Jones shows the SEC has a role in regulating cybersecurity

The federal security laws require registered investment advisers to adopt written policies and procedures reasonably designed to protect customer records and information. SEC v. R.T. Jones Capital Equities Management, Consent Order (Sept. 22, 2015). “Firms must adopt written policies to protect their clients’ private information and they need to anticipate potential cybersecurity events and have …

FTC v. Wyndham Worldwide Solidifies the FTC’s Role in Regulating Cybersecurity

The FTC has authority to regulate cybersecurity under the unfairness prong of § 45(a) of the Federal Trade Commission Act and companies have fair notice that their specific cybersecurity practices could fall short of that provision. F.T.C. v. Wyndham Worldwide Corp., 799 F.3d 236 (3rd Cir. Aug. 24, 2015). Here are a few key points …

Texas Super Lawyers Honors Shawn Tuma

Texas Super Lawyers recognized Shawn Tuma as one of the top Intellectual Property Litigation Attorneys in Texas for 2015. Mr. Tuma’s integrity, intensity, and drive for excellence have helped him become a nationally recognized thought-leader in cybersecurity, computer fraud, and information law. In addition to being recognized by Texas Super Lawyers, Mr. Tuma was recently honored by being named …

Cover the Basics for Securing Your Network — Shawn Tuma’s Book Contribution

Shawn Tuma authored a section for an eBook published by Fortinet Security. You can read Tuma’s section, Cover the Basics, as well as download the complete eBook at this link: Cover the Basics- by Shawn E. Tuma | MightyGuides.com

Is your business prepared to respond this quickly to a data breach?

Customers and the public expect a very quick response to a data breach — within a matter of a few days. That is the new standard. If your business is not prepared ahead of time for such a response, it will be impossible. Your business needs a response plan in place with all of the key …

Why I am involved with the DFW Technology Prayer Breakfast

It’s all about the feeling! Read more about what I mean right here: Why I am involved with the DFW Technology Prayer Breakfast — Shawn Tuma | DFW Technology Prayer Breakfast

Excellus Blue Cross Blue Shield’s big data breach and the security lessons we all need to learn

Guest Post by Debbie Fletcher There are two possible conversations that could be kicked off by the news of the major data breach at Excellus Blue Cross Blue Shield in which more than 10 million customer accounts were exposed. The first possible conversation is about internet security and what businesses and organizations of all sizes …

Would increasing CFAA penalties via the CISA Amendment really even help? I don’t think so.

As the Cybersecurity Information Sharing Act (CISA) is making its way through the Senate, it has stirred up more controversy with Senator Sheldon Whitehouse’s proposed amendment to the Computer Fraud and Abuse Act (CFAA), that he argues, would give law enforcement more tools to fight hackers. The Amendment would provide for increased sentences (up to …

Are you planning to go to SecureWorld-Dallas?

Are you planning to go to SecureWorld-Dallas on 10/28? If so, plan on dropping in on my session discussing “Cybersecurity Legal Trends: The Evolving Standard of Care for Companies and Management” http://t.co/Ubj6wmOGch