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Ohio will soon have a law in place that provides a “legal safe harbor” from tort claims related to a data breach, to entities that have implemented and comply with certain cybersecurity frameworks. It remains to be seen whether any entity will ever be in a position to take advantage of the affirmative defense this law offers. Below is a summary of the key provisions, followed by comments on why the safe harbor is likely…
One of the most important metrics in our report is the incident response (IR) timeline, which tracks the average time it takes companies to detect, contain, fully investigate, and provide notification of the incident to individuals. The metric is valuable because it helps entities identify areas where they can improve before an incident occurs and gives them context to response time expectations during an incident.…
On February 21, 2018, the U.S. Securities and Exchange Commission (“SEC”) issued cybersecurity disclosure guidance for public companies (“SEC Guidance”) that, according to SEC Chair Jay Clayton, “reinforces and expands” on the SEC Division of Corporation Finance’s prior guidance from 2011 (“Corp Fin Guidance” as we previously covered) regarding disclosure requirements under the federal securities laws and related policies and procedures. Chair Clayton indicated that “providing the Commission’s views…
We are excited to release our third annual BakerHostetler Data Security Incident Response Report. This report analyzes the more than 450 data security incidents we led clients through in 2016. Companies continued to experience incidents at a record pace, and we expect this will continue through 2017. We have received more calls to our breach hotline in the first three months of 2017 than we did during all of 2015. Ransomware was the biggest…
BakerHostetler began publishing its Data Security Incident Response Report in 2015. Although we were the first law firm to do so, inspiration for the report came from similar reports that cybersecurity firms issue. We will be publishing our 2017 Report on April 13, 2017, containing statistics and insights from the 450+ incidents we led clients through in 2016. We think companies can use our report as a “crowdsourced” tool for identifying risks/threats, response metrics and…
Cue the year-end articles saying that this was the worst year to date for data breaches. Follow that with more dire predictions for 2017. Layer in one-size-fits-all recommendations to mitigate these risks. And finish with technology solutions that you must have. If you read all of this you might come away thinking that if your company is not using AI and machine learning, buying threat intelligence, building a threat-hunting team, installing a next-generation antivirus solution,…
Public companies that are proactively working to mitigate “cyber” risks and prepare to respond to potential incidents frequently ask whether a “breach” will lead to litigation, loss of customers, stock price decline, and shareholder actions. There are a lot of factors that influence what adverse consequences follow disclosure of a breach. Of the hundreds of incidents that have been disclosed over the past few years by public companies, less than five were followed by a…
Venmo is a peer-to-peer mobile payments service that PayPal acquired in 2013. Users can transfer money to another person using a mobile or web application (e.g., send money to a friend to split the cost of dinner). On May 20, 2016, Texas Attorney General Ken Paxton announced that Texas had entered into an Assurance of Voluntary Compliance agreement with PayPal to resolve its investigation of Venmo regarding potential violations of Texas’ Deceptive Trade Practices –…
Venmo is a peer-to-peer mobile payments service that PayPal acquired in 2013. Users can transfer money to another person using a mobile or web application (e.g., send money to a friend to split the cost of dinner). On May 20, 2016, Texas Attorney General Ken Paxton announced that Texas had entered into an Assurance of Voluntary Compliance agreement with PayPal to resolve its investigation of Venmo regarding potential violations of Texas’ Deceptive Trade Practices –…