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Cybersecurity Is Key Priority for FSOC in 2015

Cybersecurity was a critical area of focus of the Financial Stability Oversight Council’s (“FSOC”) recently released 2015 Annual Report (the “Report”).  The Report, which provides both a consolidated view of important challenges facing the financial system and a road map of FSOC’s key priorities in the upcoming year, identified cybersecurity as a growing concern and warned that cyber...

Data Breach Class Action Plaintiffs Lack Standing

A federal court in New Jersey is the latest in a series of courts to dismiss a putative data breach class action due to plaintiffs’ failure to adequately plead standing. In re Horizon Healthcare Services, Inc. Data Breach Litigation, No. 2:13-cv-07418-CCC-JBC (D.N.J. Mar. 31, 2015). This class action was brought against a health insurer that suffered a data breach through the theft of...

DOJ Publishes Cyberincident Response Best Practices Document

The Cybersecurity Unit of the Department of Justice (DOJ) has published a “best practices” document to assist organizations in developing a response plan for cyberincidents. The document, titled Best Practices for Victim Response and Reporting of Cyber Incidents, focuses on steps organizations should take before, during and after a cyberincident and emphasizes the need for...

Managing a Cyberattack: An Interactive Simulation at the ACC Advanced Compliance Education Summit

It is 3:00 in the morning and your children are safe in bed, but the phone is ringing at the FBI! Sutherland’s Mark Thibodeaux; Cyndi Baily, Chief Compliance Officer at Alere Toxicology; Sarah Sandstorm, Contracts Counsel at KBM Group; and Special Agent Corey Harris from the FBI presented an interactive simulation of a cyber-attack at the ACC’s Advanced Compliance Education Summit...

FCC Fines AT&T $25 Million for Privacy Violations

On April 8, the FCC imposed on AT&T its largest ever fine for data privacy violations. For 168 days, from November 2013 to April 2014, employees of a call center in Mexico, using computer systems maintained and operated by AT&T, accessed customer accounts to steal and sell cell phone handset unlock codes along with personal information needed to use the unlock codes. They sold...

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