Law Firm Cybersecurity: I Hate to Say I Told You So But …

Hey! Any chance you've heard anything in the news lately about law firms being under cyber attack? If not, first, crawl out from under that rock; second, take a look at these articles. Wow. Can you believe it? Law firms? Under cyber attack? What is this world coming to? A few years ago, I did a …

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What Does the Travelers Case Really Mean for Cyber Insurance?

Watch the video for the explanation or see below for the spolier. https://www.youtube.com/watch?v=nMXIw4d9xMk   SPOLIER ALERT! In The Travelers Indemnity Company of America v. Portal Healthcare Solutions, L.L.C., No. 14-1994 (4th Cir. Apr. 11, 2016), the Fourth Circuit held that Travelers was required to cover Portal's data breach under its Commercial General Liability (CGL) Policy's Advertising …

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FBI Guidance: How to Respond to Ransomware

Spoiler Alert: According to the article below, in a recent podcast the FBI "warned against paying ransoms" and doesn't like to see companies pay the ransom because, the old law of supply and demand just means that ransomware is more profitable and, therefore, we see more of it. The reality is, however, once hit with ransomware, …

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3 Key Takeaways About Texas’ Unauthorized Access Law

The Dallas Court of Appeals recently decided a civil case involving claims under Texas' unauthorized access of computer law that provides some helpful guidance for this relatively new law that has very little case law construing it. The 3 takeaways that follow are the key legal principles that apply to this law as set forth …

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Why Cybersecurity Incidents Are Legal Events

In this video, cybersecurity and data protection attorney Shawn Tuma explains why cybersecurity incidents are as much legal events as they are information technology and business / public relations events. ______________________ Shawn Tuma (@shawnetuma) is a business lawyer with an internationally recognized reputation in cybersecurity, computer fraud and data privacy law. He is a Cybersecurity …

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Apple’s Legal Response in Less Than 300 Words #AppleVsFBI

On February 25, 2016, Apple filed its Motion to Vacate the Court Order requiring it to assist the government. Here is a summary of Apple's *legal arguments* in its Motion to Vacate in less than 300 words: The government wants Apple to help it circumvent the encryption on a device. Congress has examined the issue and …

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The “Legal” Reason the FBI’s Password Blunder Could Kill its Case in #AppleVsFBI

On December 6, 2015, FBI investigators reset the password of Farook's iCloud account, taking what it believed was the logical next step to gain access to the iCloud backup data. Turns out, that was the wrong move. The phone had not been backed up in nearly 2 months and, had FBI not reset the password, …

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Making Sense of #AppleVsFBI Issues: #DtSR Podcast

The USA v. Apple battle is one of the hottest issues currently being debated in cybersecurity, privacy, law enforcement, and perhaps even, water coolers in offices around the country. What the debate is lacking in substantive, factually-based, well-reasoned analysis, it certainly makes up for in passion and strong opinions. If you are not convinced, spend …

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UPDATE (FBI admits): #AppleVsFBI – Just 1 iPhone? In 1977 it was Just 1 Pen Register

The law develops by the process of incrementalism. That is, it is a slow, gradual development, step by tiny step. In the United States, judicial decisions that fill the gaps in between the constitutional and statutory law and helps those bodies of law evolve. Each case sets a precedent, or foundation, upon which the reasoning for …

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The #1 Current Cybersecurity Threat to Business in DFW (2/18/16)

Earlier today I attended a monthly committee meeting to discuss the current cybersecurity threat landscape. This is a small group that meets around a conference table, somewhat informally, and consists of members of federal and state law enforcement as well as a few individuals in the private sector who are involved in cybersecurity. Those of …

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