Recent Publications - Privacy, Data & Cyber Law


Take These Steps Now to Reduce Labor Day Cybersecurity Risk
September 2, 2021 | Privacy, Data & Cyber Law
On August 31, 2021, the FBI and CISA (Cybersecurity and Infrastructure Security Agency) issued Alert AA21-243A, warning that there is an increased risk to U.S. entities of an “impactful ransomware attack” over Labor Day Weekend. A summary of the risk and suggested steps to address it can be found at https://us-cert.cisa.gov/ncas/current-activity/2021/08/31/fbi-cisa-advisory-ransomware-awareness-holidays-and-weekends. The Alert can be …
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Businesses Face New Litigation Risk Over Biometric Information
August 16, 2021 | Privacy, Data & Cyber Law
Social media has played an oversized role in lawsuits under state and local biometric privacy laws, including especially the Illinois Biometric Information Privacy Act (BIPA). See, e.g., Thornley v. Clearview AI, Inc., 984 F.3d 1241 (7th Cir. 2021) (plaintiffs alleged that defendant used a proprietary algorithm to “scrape” pictures from social media sites such as …
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Rutkin Authors Best’s Review article, “Cyber Threats: Get Ready and Get Tough”
July 12, 2021 | Privacy, Data & Cyber Law | Insurance Coverage
Alan Rutkin authored the Best’s Review article,  “Cyber Threats: Get Ready and Get Tough.” In the article, Rutkin discusses the steady increase of cyber incidents and how insurers should prepare for future attacks. “Cybercrimes, along with the related coverage issues, are among the biggest challenges now facing insurers,” Rutkin says. Read the full article. …
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Here’s How the FTC Is Tackling Emerging Technology
June 15, 2021 | Privacy, Data & Cyber Law
A wide range of federal and state authorities are involved in the regulation of emerging technologies in one way or another. Numerous agencies as well as the U.S. Department of Justice lead the national effort, while the Department of Financial Services, the attorney general, and local prosecutors are the principal parties in New York State. …
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Circuit Issues New §230 Ruling as Law’s Future Remains Uncertain
April 19, 2021 | Privacy, Data & Cyber Law
For much of the past few years, Section 230 of the Communications Decency Act of 1996 (CDA) has been in the news. Section 230 generally immunizes providers of interactive computer services (such as internet service providers or ISPs, social media companies, and website hosting entities, among others) from liability in connection with third party content …
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DFS Warning of Widespread Data Breach
February 18, 2021 | Privacy, Data & Cyber Law
Sometimes a comprehensive overview is needed to recognize that individual anomalous conduct is indicative of a criminal scheme. Recently, the Department of Financial Services (DFS) looked at an unusual pattern of interaction with multiple insurance websites and concluded that cybercriminals were exploiting data obtained from those website interactions to commit benefit fraud. Website operators of …
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DFS Provides Framework for Cybersecurity Risk
February 18, 2021 | Privacy, Data & Cyber Law | Insurance Coverage
On February 4, 2021, New York’s Department of Financial Services (DFS) issued Insurance Circular Letter No. 2, which builds on the robust cybersecurity regulation provided in its 2017 Cybersecurity Regulation (23 NYCRR 500). The Letter discusses the current state of the cyber insurance industry and provides a seven-part Cyber Insurance Risk Framework which may assist …
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‘Unauthorized Access’ Can Be Key in Computer Fraud Cases
February 11, 2021 | Privacy, Data & Cyber Law
As businesses in New York and elsewhere begin to enter a second year of partially or fully closed offices and of dealing with a workforce operating remotely, an issue that was top-of-mind for much of 2020 – computer security – should remain a key concern in 2021 and should not be overlooked or ignored. In …
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New Year Brings New Privacy Proposals Affecting New York Businesses
January 27, 2021 | Privacy, Data & Cyber Law
At the start of the 2021-2022 legislative session, the New York state legislature proposed a raft of new regulations related to data privacy which may create challenges for entities doing business in the state. We expect that some or all will pass in some form, as many believe that current laws do not adequately protect …
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Federal Courts Issue Orders Modifying Procedures for Highly Sensitive Documents
January 27, 2021 | Privacy, Data & Cyber Law | Professional Liability
Cyber security breaches have been widespread recently, prompting business and government agencies alike to implement new rules, regulations and protocols to protect confidential personal information. Most recently, the federal Judiciary announced new protocols for filing court documents containing “highly sensitive material.” These new protocols come in the wake of the SolarWinds data breach, which compromised, …
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