What did Sun Tzu teach about cybersecurity?

Sun Tzu taught that, when it comes to cybersecurity, you must be wary of your business associates and other third parties. Why? Have you heard of the national retailer that what was hit with a perfectly timed cyber attack on Black Friday ’13 that resulted in credit card data from roughly 110 million customers being taken? That …

3 Important Questions Your Company Must Answer After A Data Breach

Riddle: What has sensitive data, is the target of cyber criminals, and will (almost certainly) have a data breach? Answer: YOUR COMPANY! When your company has a data breach, these are the top 3 questions that you will be required to answer: How did the breach happen? What steps did your company take before the breach …

3 Steps for Obtaining Trade Secrets in Discovery

When can a competitor use litigation to find out your company’s trade secret information? Let me explain it this way … What if it was your businesses’ valuable information? Pause for a moment and imagine that your business is the industry leading innovator in its field because, through your effort and resources, you have developed secret tricks and techniques …

Why is PNC Bank Accusing Morgan Stanley of Corporate Espionage and Trade Secret Theft?

I often write about corporate espionage and trade secrets but I bet some of you may still be trying to imagine real-world scenarios that demonstrate exactly what those terms mean and how they apply. Let me tell you a story and see if it helps it make more sense. Let’s Talk About Your Business Let’s say …

A Hacker Can Takeover A Car Through Its Computer System — What About An Airplane?

Hackers can take over cars by hacking into their on board computer systems. Does it not stand to reason that they could do the same thing to an airplane? Maybe, maybe not, but a recent ruling by the FAA shows this was a concern for Boeing Model 777-200. May 18, 2015 Update: This post was …

Yes, Texas is a good state for plaintiffs to bring a CFAA claim.

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 …

Northern District of Texas Court Requires Plaintiffs’ Pre-Discovery Identification of Trade Secrets

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 …

Secret Service’s 3 Steps to Consider When Notifying Law Enforcement in Response to a Data Breach

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 …

Is Your Business Following the 3 Steps the FTC is Requiring for Using Data Service Providers?

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 Begin Looking at Companies’ IT Security and Data Breach Response Policies

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 …