Here’s a Good Idea – Don’t Agree to Cloud Click Agreements Because the Cloud is Such a Huge Target for Cybercriminals!

More businesses should use lawyers that understand how to negotiation cloud agreements because the Click Agreement don’t provide all necessary legal requirements given Cisco’s report that “The cloud is a whole new frontier for hackers, and they are exploring its potential as an attack vector in earnest…They also recognize that they can infiltrate connected systems faster by breaching cloud systems.”  The Cisco 2017 Midyear Cybersecurity Report advised companies who rely on the cloud (like every company on earth) that: …they need to understand their role in ensuring cloud security. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

Court Holds That Self-Selection of Emails by Employee Satisfies Discovery Obligations

By | E-Discovery Law Today | August 16, 2017
In Mirmina v. Genpact, LLC, Civil Action No. 3:16-CV-00614 (D. Conn. July 27, 2017), a federal court in an employment discrimination matter denied the plaintiff’s motion to compel discovery, finding that the defendant’s reliance on an employee involved in the litigation to self-select relevant documents was appropriate under the circumstances In this matter, the plaintiff filed a motion seeking to compel the defendant to conduct additional searches for electronically stored information (“ESI”). View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

Your Litigation Hold Must Be Generally Broad and Specifically Tailored

By | All About eDiscovery | August 16, 2017
In Eshelman v. Puma Biotechnology, Inc., No. 7:16-CV-18-D (E.D.N.C. June 7, 2017), Magistrate Judge Robert B. Jones, Jr., denied Plaintiff Eshelman’s motion seeking a jury instruction in response to Puma Biotechnology Inc.’s (“Puma”) failure to preserve (or identify in its litigation hold notice the need to preserve) internet web browser and search histories.  View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

No Cyber Insurance Coverage for $800,000 Loss for Spearphishing (aka BEC -Business Email Compromise)!

Businessinsurance.com reported that a court agreed with Traveler’s “which denied coverage on the basis the loss was not a “direct loss” that was “directly caused by the use of a computer” as required by the policy.” My friend Judy Greenwald wrote the article entitled “Manufacturer can’t recover spoofing email losses from insurer” about the ruling by the US District Judge, Eastern District of Michigan (Ann Arbor) in the case American Tooling Center Inc. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

GUEST BLOG: Is Your Business at Risk for Not Knowing About the Liability Limits Under the 911 Cybersecurity Laws (Safety Act)?

My Guest Blogger Eddie Block (CISSP, CIPM, CIPP/G, CISA, CEH) is a senior attorney in Gardere’s Litigation Group and member of the Cybersecurity and Privacy Legal Services Team who focuses on all aspects of information cyber security, including credentialing functions, firewall and IDS deployment and monitoring, and penetration testing, and related complex litigation.  View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

US Cyber Insurance Market Exceeds $2.49 Billion!

A report to the Cybersecurity (EX) Task Force explains the growth of cyber insurance to more than $2.49 billion in 2016 because “Cybersecurity breaches can cause a major drain on the U.S. economy”…and in particular “Financial Services Sector is perhaps the most under attack from cyber criminals.”  The August 6, 2017 “Report on the Cybersecurity Insurance Coverage Supplement” was provided by the National Association of Insurance Commissioners (NAIC) and the Center for Insurance Policy and Research which included these details: Financial firms receive, maintain and store sensitive personal financial information from their customers. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

Discovery May Be Obtained of the Identity and Location of Persons Having Knowledge of Any Discoverable Matter

The title of this blog is a quote from the most basic tenant of the 1986 Discovery Act — Matters Subject to Discovery which is found in Code of Civil Procedure Section 2017.010.  The statute reads as follows: “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

Two-factor Authentication May Avoid Disasters Since There Are More Than 1+ Billion Compromised Usernames and Passwords!

Bankinfosecurity.com reported that “Troy Hunt, a security expert who runs the Have I Been Pwned data breach notification service, has an idea to help organizations prevent people continuing to use their own compromised passwords or selecting ones that have been leaked.”  The August 3, 2017 report entitled “Here Are 306 Million Passwords You Should Never Use” recommend that “two-factor authentication can block the recycling of known credentials” but “its use is still far from widespread” and that: …ultimately no good defense against a hacker who has valid user credentials. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

Lack of Prejudice Precludes Sanctions Following Automatic Deletion of Emails

By | E-Discovery Law Today | August 2, 2017
Contributing Author: Kathryn B. Moynihan Magistrate Judge Iain D. Johnston recently held that sanctions were not warranted under Fed. R. Civ. P. 37(e) against a defendant who admitted to erroneously destroying electronically stored information (ESI). While the court did not condone the defendant’s actions (describing them as “disturbing”), it reasoned that the ESI “did not appear to be relevant” and therefore did not prejudice the plaintiff. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus