Patrick Burke

Firm/Organization: Seyfarth Shaw LLP
Blogs: Carpe Datum Law

Latest Articles

A Finnish web developer discovered that “autofill profiles” now offered  on certain browsers provides hackers with a new phishing vector.  Autofill profiles allow users to create a profile containing preset personal information that they might usually enter on web forms.  When a user fills in information for some simple text boxes, the autofill system will input other profile-based information into any other text boxes on the page, even when they are not visible on the…
December 2016 brought the US government some progress on prosecuting foreign cybercriminals.  Last month, three Romanians were extradited to face charges in the US for running a cybercrime ring using custom-built malware and money mules to steal at least $4 million.  Chinese authorities also got their hands on one of three Chinese citizens charged by the US with insider trading on confidential information gleaned from the servers and networks of law firms involved in M&A…
The Eleventh Circuit recently refused to set aside a bank fraud conviction, rejecting defendant’s argument that advances in technology should change the way court’s adjudicate alleged violations of attorney-client privilege.  While the appellate court agreed that defendant’s attorney-client privilege was breached by federal prosecutors, the court refused to overturn defendant’s 78-month sentence because he had failed to meet his burden to show he was prejudiced by the privilege breach. The defendant, Stephen DeLuca, the president…
The UK Ministry of Defence (“MoD”) lost a high-profile case after failing, first, to comply with a trial judge’s disclosure order and failing to meet a deadline for compliance with the court’s “Unless Order” which warned that non-compliance would result in MoD having its defences struck out and judgment entered for the claimant.  The day before the Unless Order’s 21 October 2016 compliance deadline, the MoD applied for an extension of time and relief from…
China has finalized a broad new Cyber Security Law, its first comprehensive data privacy and security regulation.  It addresses specific privacy rights previously adopted in the European Union and elsewhere such as access, data retention, breach notification, mobile privacy, online fraud and protection of minors. There is plenty in the new law to irritate international businesses operating in China.  It requires in general that Chinese citizens’ data be stored only in China, for starters, possibly…
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Michael Coscia, the first person convicted as a “spoofer” under the 2010 Dodd-Frank Act, has been sentenced to 3 years in prison. Coscia is not a young hacker kid or even a computer whiz, he is a fifty-four-year-old commodities trader and owner of New Jersey-based Panther Energy Trading. Coscia was convicted in November 2015 for artificially bumping up commodities prices by using computer algorithms to quickly place large orders through commodity markets in Chicago…
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In Hyles v. New York City, 10 Civ. 3119 (AT)(AJP) (S.D.N.Y. Aug. 1, 2016), the court addressed the question of whether the City could be “forced” to use technology assisted review (predictive coding) to identify discoverable information when the City itself preferred to use keyword searching. “The short answer [was] a decisive ‘NO.’” After consulting with an e-discovery vendor, Plaintiff’s counsel in this case “proposed that the City should use TAR as a ‘more cost-effective…