Monthly Archives: February 2017

More than two weeks ago, the President postponed issuing an executive order on cybersecurity. Since then, we’ve had no word from the White House on when he intends to sign it. However, two purported drafts of the order have wound up on the Internet—the Washington Post published the first one,[1] and Lawfare, the second. Here are a few quick impressions on those drafts,… More

Should businesses be thought of as victims or bad actors when it comes to data breaches?  State attorneys general are embracing the idea that businesses are not necessarily adversaries in the struggle to protect sensitive consumer information.  Over the past several years state attorneys general have exerted efforts to both educate businesses as to their data privacy responsibilities, and collaborate with businesses in constructing more robust cybersecurity policies.  The spotlight now is on the Ohio Attorney General,… More

On February 16, 2017, HHS OCR announced that Memorial Healthcare Systems (MHS) had paid the U.S. Department of Health and Human Services (HHS) $5.5 million to settle potential violations of HIPAA’s Privacy and Security Rules and agreed to implement a “robust” three year corrective action plan and resolution agreement.  Why did MHS pay so much?  A long-term failure to close security holes that led to identity theft and fraudulent tax returns.… More

As all aspects of business inexorably shift toward online, it is not surprising that intellectual property infringement, cybersquatting, and related internet abuses abound. Luckily, there are various procedures available by which aggrieved companies can seek relief short of litigation.

Foley Hoag will present a 60-minute webinar on Thursday, March 16 at 12:30 pm EDT offering guidance for in-house counsel regarding internet takedowns and domain name disputes,… More

As we previously reported, the federal Defend Trade Secrets Act (DTSA) enacted last May includes a powerful ex parte seizure proceeding that allows courts in “extraordinary circumstances” to order the seizure of property necessary to prevent the immediate dissemination of trade secrets.

Last month, the Northern District of California issued one of the first (if not the first) decision on an ex parte seizure request under the new statute. … More

The Trump Administration has taken office at a time when cybersecurity has increasingly entered the public consciousness as a major challenge facing both the United States government and the business community.  Cyberattacks from both criminal and state actors have bedeviled businesses and roiled politics over the past year.  Against this backdrop, the administration has professed a strong commitment to cybersecurity, for instance designating former New York City Mayor Rudy Giuliani as a high-profile cybersecurity liaison to the private sector,… More