An Explainer on the Latest (Reported) Chinese Theft of U.S. Defense Information

The Washington Post recently reported that the Chinese Ministry of State Security stole a trove of sensitive defense information from a U.S. Navy contractor working for the Naval Undersea Warfare Center.  According to the Post, the information included plans to develop a supersonic anti-ship missile for U.S. submarines, along with “signals and sensor data, submarine radio room information relating to cryptographic systems, and Navy submarine development unit’s electronic warfare library.”

It is no secret that the Chinese government has been building its capacity to project military power in the Pacific ocean for many years,… More

French Data Protection Authority Imposes a Record 250,000 € Fine to Optical Center for a Security Breach on its Website

On June 7, 2018, the French Data Protection Authority (the CNIL) published a decision (issued one month earlier) in which it imposed a record 250,000 euros fine on Optical Center (which, although its name does not indicate, is a French company) for having insufficiently secured the personal data of its customers.

The CNIL noted that customers could access more than 300,000 documents (mainly invoices) of other customers on Optical Center’s website site rather easily,… More

Free Consumer Credit Freezes Coming in September

As noted in the FTC alert below from Lisa Weintraub Schifferle, an attorney with the FTC’s Division of Consumer & Business Education, thanks to a new federal law, soon you can get free credit freezes and year-long fraud alerts. Here’s what to look forward to when the law takes effect on September 21st:

Free credit freezes

  • What is it? A credit freeze restricts access to your credit file,…
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Watch: Regulatory Considerations and Blockchain Technology – Best Practices for In-House Counsel

Co-hosted by Foley Hoag LLP and ACC-Northeast

The emergence of blockchain technology, and its use to create digital tokens and currencies, raises numerous legal questions and challenges, across a wide variety of industries.

This webinar is a chance for in-house counsel to learn what blockchain technology is, the relevant legal and regulatory considerations surrounding blockchain technology and cryptocurrency, how to navigate the various areas affecting digital tokens and currency, and the opportunities it will provide in the future, as well as some of the risks involved.

Speakers

Blogging from BIO 2018: Preparing for Convergence

It is the last day of Bio 2018 and I am attending a curiously titled session:  Is Biotechnology Drowning in Health Related Data?   The panel’s answer to that question is “no” — in fact, they all agreed there isn’t enough data yet, if we want to achieve “convergence”.  That’s the new buzz word:  convergence.  One speaker described it as “a better quantification of humanity.” … More

11th Circuit Issues LabMD Decision, and Wants More Specificity

The long-anticipated decision in LabMD v. FTC has finally arrived. The 11th Circuit held that the FTC’s cease-and-desist order against LabMD is unenforceable:

In sum, assuming arguendo that LabMD’s negligent failure to implement and maintain a reasonable data-security program constituted an unfair act or practice under Section 5(a), the Commission’s cease and desist order is nonetheless unenforceable. It does not enjoin a specific act or practice.… More

Blogging from BIO 2018: And on the Third Day… the Panel Discussed Privacy and Data Security

It took three days, but I finally found a panel at BIO 2018 that addressed the current challenges in privacy and security regarding health data.  This panel, Realizing the Potential of Clinical and Consumer Genomics, was focused on all the new genetic tests that are available (with more to come) and all the genetic data those tests are generating.  I was particularly impressed with the approach of Mindstrong Health to privacy and security,… More

Blogging from BIO 2018: “Mo Money, Mo Problems”

The late rapper known as The Notorious B.I.G. recorded a song called, “Mo Money, Mo Problems.”  Many of the lyrics can’t be repeated here, but the refrain can:

“It’s like the more money we come across
The more problems we see.”

This refrain came to mind yesterday as I sat in the BIO 2018 session about digital health:  A Look to the Future: Investors Corner –… More

Blogging from BIO 2018: Does the Life Science Industry “Get” Cyber Security?

I am attending BIO 2018 in Boston, just steps from our Boston office. Naturally, I was drawn to yesterday’s session on “Life Sciences Cyber Exposures and Risk Mitigation Considerations.” But I came away disappointed. First of all, the session was held in a small room and even then, it was only one-third full (maybe 30 people of the 16,000 attending BIO 2018 chose to attend).… More

June 14 – GDPR Panel at Foley Hoag’s Export Regulatory Compliance Update Conference

Foley Hoag, along with the Massachusetts Export Center, is hosting an Export Regulatory Compliance Update Conference on Thursday, June 14.  Among the panels will be one on “Navigating the GDPR & Cybersecurity Regulatory Environment.”  Here’s a description of the Panel:

On May 25, 2018, the General Data Protection Regulation (“the GDPR”) went into effect in all Member States of the European Union. However, the GDPR has a broad scope: it applies to organizations established outside the EU that offer goods or services to individuals in the EU and/or monitor the behavior of data subjects within the EU. In other words, even a US company must be in compliance with the GDPR if it targets European consumers or monitors any personal data on European citizens. This panel, three weeks into implementation of the GDPR, will discuss key traps for the unwary, the intersection of GDPR/data privacy compliance and export controls, and best practices for implementation.

Chris Hart from Foley Hoag will be moderating the panel.  Panelists include Danielle Sheer, Vice President and General Counsel at Carbonite; Guilherme Roschke, Counsel for International Consumer Protection at the Federal Trade Commission; and Ken Delaporta, Director of Operations & Export Compliance, The MathWorks.

You can register here.  Hope to see you at the event!