After claimants filed shareholders’ data breach-related derivative suits against the boards of Target (here) and Wyndham Worldwide (here), a number of commentators (including me) asked whether we could see a wave of cybersecurity related D&O lawsuits. Interestingly, since these two lawsuits were filed more than a year ago, there have been
Guest Post: Courts Uphold California Privacy Claims Despite Vague Allegations: Opening The Litigation Floodgates?
Among the many concerns that arise whenever unauthorized appropriation or use of consumer data occurs is the possible violation of the consumers’ privacy that the access may represent. In numerous cases, aggrieved parties have tried to assert claims for these alleged privacy violations, but by and large these attempts have not been successful. However, as
Guest Post: One “Giant Leap” to a Secure Cloud Platform for U.S. Corporations
Among the many concerns arising in the current cybersecurity environment is the question of the security of data housed in “the Cloud.” In the following guest post Paul Ferrillo and Jeffrey Osterman of the Weil, Gotshal & Manges law firm and Grady Summers , SVP, Cloud Analytics at Mandiant/FireEye, take a look at the questions
Guest Post: Is Employee Awareness and Training the Holy Grail of Cybersecurity?
In the current environment, most organizations are aware of the potential threats to their firms from a breach of their data systems and networks. Among the ways companies can protect themselves from these types of threats is through improved employee awareness and training. In the following guest post, Paul Ferrillo and Randi Singer of the
Thinking About the Data Breach Securities Class Action Lawsuits Yet to Come
There has been extensive litigation filed in the wake of the many high-profile data breaches over the last several years, but by and large the lawsuits have been filed on behalf of consumers or employees. Along the way, there have also been lawsuits filed against the directors and officers of the companies that experienced the
Guest Post: The Key Players in Cybersecurity Investigations
One of the most immediate challenges when a company experiences a data breach is trying to figure out what has happened – how the breach occurred and how serious it is. Determining what has happened is also critical to re-establishing the company’s cybersecurity. In the following guest post Robert F. Carangelo and Paul A. Ferrillo
Guest Post: Hack to the Future: Ten Cyber Risk Developments Watch in 2015
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Without a doubt, during 2014, cyber security emerged as one of the critical topics for discussion. In the following guest post, Bill Boeck, who is senior legal and claim resource worldwide for cyber and executive risk coverages and claims at Lockton Financial Service, takes a look at the top cyber risk developments to watch in
Guest Post: Changing the Cyber Security Playing Field in 2015
As I have noted in a number of recent posts, there have been a host of significant cyber security developments, including among the Sony Pictures Entertainment hack attack. These developments have a number of important implications for the cyber security arena in the year ahead. In the following guest post, Paul Ferrillo of
Will Investors Sue Over the Sony Hack Attack?
As I noted in my recent rundown of the top D&O stories of 2014, one of the most important developments during the year just finished was the emergence of cyber security as a D&O liability concern. During 2014, plaintiff shareholders launched cyber breach-related derivative lawsuits against the boards of Target and Wyndham (about which refer
Guest Post: Cyber Security: The Importance of a Battle-Tested Incident Response Plan
With all of the high profile data breaches that have taken place in recent months, cyber security is a critical topic at the top of just about everyone’s agenda. In the following guest post, Paul A. Ferrillo of the Weil Gotshal law firm takes a look at the best approach to the cyber security challenge