CyberSecurity & Data Privacy

Protecting Your Organization: Eastern District of Virginia Rules Cybersecurity Incident Report Not Privileged Work Product

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07/01/2020Gallo, Jonathan V.

On May 26, 2020, in In re Capital One Consumer Data Security Breach Litigation, MDL 1:19md2915 (E.D. Va.) the Federal District Court for the Eastern District of Virginia (Alexandria Division) (Anderson, J.) held that a forensic investigation report conducted by a third-party investigator under the direction of outside counsel on behalf of Capital One in… Read more »

Be Vigilant – Covid-19 Creates Additional Opportunities For Fraud

03/25/2020Gallo, Jonathan V.

As the spread of COVID-19 virus creates anxiety and uncertainty across the globe, it also creates new opportunities for cyber fraud. On Saturday, the United States Department of Justice (DOJ) filed a complaint for a Temporary Restraining Order in the Western District of Texas against defendant, “John Doe” who, according to the complaint, “acting alone… Read more »

DoD Introduces New Cybersecurity Certification for Defense Contractors

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07/15/2019Vandeventer Black

With the federal government’s first False Claims Act case based on cybersecurity regulations from the Department of Defense (DoD) and NASA making its way through the courts, (United States ex rel. Markus v. Aerojet Rocketdyne Holdings, Inc.) and the continuing issues surrounding the implementation of the 2016 amendments to the Defense Federal Acquisition Regulation Supplement… Read more »

Business Email Compromise Scams and Malware: Why Construction Companies Should Worry

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05/10/2019Gallo, Jonathan V.

From 3D printing and drone use, to increased use of tablets, laptops, smartphones, and wearables, the construction industry is becoming increasingly dependent on the use of technology. Use of augmented reality programs, advanced tracking technologies, and multi-user cloud-based platforms are on the rise; and while these technologies can increase efficiency, reduce costs, and increase worksite… Read more »

Malware – A Persistent Threat to the Maritime Industry

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04/01/2019Gallo, Jonathan V.

During the last several years, many industries have fallen victim to cyber-attacks, and the maritime industry is not immune.  Consider the following recent news reports:  In 2017, the largest container shipping company in the world, A.P. MØller-Maersk, fell victim to NotPetya, a type of destructive malware, that required the installation of 4,000 new servers, 45,000… Read more »

Patent Trolls – What Businesses Need To Know

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01/17/2019Gallo, Jonathan V.

One day, you receive a letter from a company or law firm accusing your business of patent infringement.  The letter states that in order to avoid a costly lawsuit, you must pay the company a licensing fee.  You ask yourself whether this is some type of scam and you consider simply throwing the letter away… Read more »

Canada’s New Data Breach Reporting Requirements In Effect As Of November 1, 2018

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11/16/2018Gallo, Jonathan V.

Effective November 1, 2018, organizations engaged in commercial activities in certain Canadian provinces and territories  now have additional data breach reporting requirements pursuant to the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA1) and the Breach of Security Safeguards Regulations2. While Quebec3, British Columbia4 and Alberta5 previously adopted substantially similar data breach requirements, if personal… Read more »