Recent Publications - Professional Liability

Government Shutdown Creates New Cybersecurity Risks
January 16, 2019 | Privacy, Data & Cyber Law
The partial government shutdown, now the longest in U.S. history stretching into its fourth week, presents new risks to cybersecurity, both short term and long term. These effects will be felt not only within government operations, but also in the private sector, which relies upon and works with the government to protect against cyber threats. …
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Data Security and Privacy in the New Year
January 16, 2019 | Privacy, Data & Cyber Law
January is the traditional time to take stock of the year that passed and plan for the year ahead. The same is true of data security and privacy practices. In 2018, cyber regulation dominated the news. The trend is likely to continue in 2019 as existing and new cyber regulations will impact an ever-expanding array …
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ABA Formal Opinion Discusses Ethical Implications of Data Breaches
October 30, 2018 | Professional Liability
On October 17, 2018, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion No. 483 addressing lawyers’ and law firms’ professional responsibilities during and after a cyber event. A link to the Opinion can be found here. Although advisory in nature and not binding in a court of law, lawyers would do …
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Cybersquatting: Even Today, an Important Concern for Online Businesses
October 16, 2018 | Privacy, Data & Cyber Law
It has been nearly 20 years since the federal Anticybersquatting Consumer Protection Act (the ACPA) was enacted in 1999 to battle what an alarmed Congress understood to be a rising wave of “cybersquatting.” As the Senate Judiciary Committee explained, the ACPA was designed to “protect consumers and American businesses, to promote the growth of online …
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11 Tips for Responding to the Facebook Hack
October 3, 2018 | Privacy, Data & Cyber Law
On September 28, 2018, Facebook disclosed that it was hacked, exposing the accounts of 50 million users. Despite the staggering amount of information affected by this breach, many individuals have been dismissive of the risk. They wrongly assume that because their use of social media is limited to posts of family events and vacations, cute …
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New National Cyber Strategy Links Cyber Security to American Economic Growth
September 24, 2018 | Privacy, Data & Cyber Law
On September 21, 2018, the White House issued a new guiding directive on cybersecurity entitled: “National Cyber Strategy of the United States of America.” It is touted as the nation’s “first fully articulated cyber strategy in 15 years.” True to its title, the National Cyber Strategy substantially addresses the geopolitical status of the United States …
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OMIG Audits: Failure to Provide Comments Can Prove Costly
September 19, 2018 | Compliance Investigations & White Collar | Health Services
Healthcare providers must not only be knowledgeable in their respective specialties, they must also understand and comply with the multitude of regulations that not only directly affect their practice of medicine, but also their payment for the services rendered. After all, “those who deal with the government are expected to know the law, and cannot …
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Wilck Co-Authors USLAW Article
September 13, 2018 | Professional Liability
David Wilck has co-authored a USLAW article, “Navigating the One-Client/Two-Client Tripartite Relationship Between the Carrier, Insured, and Defense Counsel,” in the Fall/Winter issue of USLAW Magazine. Click here to read the Article. …
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Financial Firms Face Sept. 4 Cybersecurity Deadline
August 22, 2018 | Privacy, Data & Cyber Law
New York-based financial services firms are running headlong into a deadline impacting their cybersecurity procedures. Failure to comply with the third phase of New York’s Cybersecurity Regulation by the September 4 deadline means these companies could face stiff penalties or the revocation of their licenses to operate in New York. New York’s Cybersecurity Regulation, the …
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Cyber Insurance: Protection for the New Normal
May 9, 2018 | Privacy, Data & Cyber Law
Cybersecurity breaches have become commonplace. In 2017, the global economy incurred an estimated loss of over $450 billion for cyber-related crimes and security breaches. It is no longer a question of whether a business will fall victim to a security breach or malware attack, but only a question of when.  A cybersecurity event can have …
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