An Approach to Discharging the Duty of “Reasonable Care” in Data Breach Matters

By Joseph Decker and Brett Creasy, CCE, CISSP, bit-x-bit LLC   When a company is targeted and a data breach results, the exposure can be staggering.  To take the most extreme example, Equifax’s Jan. 13, 2020 settlement of a 2017 class action data breach lawsuit, regarding a breach incident that affected approximately 147 million people,
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Kaspersky Lab Inc., and the Assessment of Cybersecurity Risk

By Peter F. Johnson, Superior Court of Pennsylvania Late last month, the United States Court of Appeals for the District of Columbia filed its decision in Kaspersky Lab, Inc. v. United States Department of Homeland Security, 18-5176, 2018 WL 6252798 (D.C. Cir. Nov. 30, 2018), upholding a congressional prohibition on the use of Kaspersky Lab
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Pennsylvania Supreme Court Holds Employers Have Duty to Protect Employee Data from Cyberattacks

By Joshua Mooney   As much of the country’s workforce traveled on the Wednesday before the Thanksgiving holiday, the Supreme Court of Pennsylvania issued a landmark decision in cybersecurity: under Pennsylvania law, employers have an independent duty to protect employee data from cyberattacks. Specifically, in Dittman v. UPMC, 2018 Pa. LEXIS 6051 (Pa. Nov. 21,
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Trick or Treat: Does the SEC’s October Report Signal a New Shift in Cybersecurity Enforcement?

By Joshua Mooney and Andrew Lipton, White and Williams LLP   On October 16, 2018, the Securities and Exchange Commission’s (SEC) Division of Enforcement issued a report on Cyber-Related Frauds Against Public Companies and Related Internal Accounting Controls Requirements (the Report)[1] warning that a public company’s failure to implement adequate cybersecurity controls to address the
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