Breach Notifications Should Focus On Preserving The Customer Relationship First, Then On Legal Requirements

When responding to a data breach, the company has two primary objectives that must be balanced: (1) complying with the legal notification and remediation requirements; and (2) preserving its relationship with its customers. In my opinion, the second is always the most important because if the business fails, we too have failed. In order to [...]

US v. Nosal Court Provides Guidance on Calculation of “Loss” Under the Computer Fraud and Abuse Act (CFAA)

On January 13, 2014, the District Court in United States v. Nosal issued an Order Regarding the Calculation of Loss for Purposes of the Guidelines which, while aimed primarily at addressing the criminal sentencing guidelines, also provided some helpful principles for calculating a "loss" for purposes of 18 U.S.C. § 1030(g) of the Computer Fraud and Abuse [...]

Court Requires Yelp! to ID Negative Reviewers to Determine if They Are Real Customers

The Virginia Court of Appeals recently ruled that Yelp! is required to disclose the identities of 7 anonymous posters of reviews of a business. The Court reasoned that if the reviewers are customers of the business, their opinions are protected by the First Amendment, but if they are not real customers, their reviews are false [...]

Executives – Are You Ready to Lead Your Company Through a Data Breach?

I have handled several data breach incidents for clients as their breach response counsel and, while we have an effective process to implement to help keep clients out of legal hot water, that really is not the most important aspect of handling the incident. The most important issue is how the incident will impact the [...]

Bloggers have the same First Amendment protections as journalists according to 9th Circuit

A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.via News from The Associated Press.