In Part 1 of this blog post, we discussed some key contractual provisions that lawyers should consider when entering into agreements with cloud service providers (“CSPs”).  In this Part 2, we discuss some additional contractual considerations to keep in mind, as well as some post-contract practices to consider in order
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Companies have good reasons to limit business-related communications to devices and applications (“apps”) controlled by the company, and to avoid having sensitive company information on the personal devices and apps of employees:

  • Security: The company does not control the cybersecurity and privacy on employees’ personal apps on personal devices,


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In early August, the City of Atlanta reported that the costs associated with its SamSam ransomware infection could reach $17 million, and the FBI has estimated the number of ransomware attacks may be as high as 4,000 per day. To help address the complex issue of when organizations
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There are many good reasons why companies are increasingly migrating parts of the information technology to cloud service providers (“CSPs”), including lower overhead costs, greater data accessibility and mobility, and more efficient disaster-recovery response.  For cybersecurity, cloud solutions offer companies many benefits, such as full-time data security monitoring and data
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The recent convictions of two traders for using hacked press releases and the settlement of SEC insider trading charges against a former Equifax manager highlight the significant insider trading risks companies face when dealing with a cyber event.  These risks come in two forms.

First, there is the risk that
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On April 23, 2018, Senators Klobuchar (D-Minn.) and Kennedy (R-La.) introduced the Social Media Privacy Protection and Consumer Rights Act of 2018 (“the Act”), which was referred to the Senate Commerce Committee. Like the CONSENT Act introduced by Senators Markey (D-Mass.) and Blumenthal (D-Conn.)—discussed in detail in our
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In January 2018, at the Eleventh Annual International Conference on Computers, Privacy and Data Protection (the “Conference”) in Brussels, one panel that made some headlines centered around blockchain technology in the context of data protection. The core inquiry of the panel was two-fold: (1) whether blockchain technology can
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Earlier this month, HBO disclosed that it is the latest victim of cyber breach extortion, which involves criminals hacking into a company’s computer system, extracting sensitive information (e.g., emails of executives) or valuable intellectual property (e.g., unreleased television scripts or episodes), and then threatening to make the information public if
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We have issued a memo on recent proposed U.S. federal banking regulations that could significantly expand the existing cybersecurity regulatory framework for covered financial institutions. The Enhanced Standards intend to strengthen cyberattack preventative measures and post-attack responses.

Read the Full Memo »
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We have issued a memo on recent proposed cybersecurity regulations by the New York State Department of Financial Services that would be more stringent than existing federal requirements for certain financial entities. The memo highlights similarities and differences between the proposed regulations and federal regulations and guidance.

Read the Full
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