Tag Archives: cybersecurity

How to Prevent and Respond to Business Email Compromises

Foley Hoag presented a discussion and Q&A regarding the growing threat of business email compromises (a.k.a. man-in-the-middle attacks). Attorneys Chris Hart and Yoni Bard, litigators with experience in privacy matters and business disputes, shared what they have learned through successfully representing victims of hacking and phishing attacks that have led companies to misdirect payments to unknown criminal actors. They discussed strategies for preventing these attacks and, if they occur, maximizing the likelihood of recovery through rapid response strategies (involving law enforcement and banks),… More

U.S. Department of Homeland Security Launches First-Ever Cyber Safety Review Board

Earlier this week, the U.S. Department of Homeland Security (DHS) announced the establishment of the Cyber Safety Review Board (CSRB), as directed in President Biden’s Executive Order 14028 on Improving the Nation’s Cybersecurity. The CSRB is a public-private initiative that will bring together government and industry leaders to elevate U.S. cybersecurity.

The CSRB will review and assess significant cybersecurity events, so that government,… More

Biden Administration Focus on Cybercrime Continues with Israeli Companies Added to Entity List, New Export Controls, and Cryptocurrency Sanctions

On November 3, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added two Israeli entities to the Entity List due to malicious cyber activities. In its press release, BIS stated that the designation of Israeli companies NSO Group and Candiru was based on evidence that these entities developed and supplied spyware to foreign governments, which was then used for malicious surveillance,… More

DOJ Announces New Cyber-Fraud Initiative Promoting False Claims Act Enforcement Against Contractors and Grantees Failing to Follow Cybersecurity Standards

As we anticipated last spring, the Department of Justice (DOJ) has signaled that it will utilize civil enforcement of the False Claims Act (FCA) to address new and emerging cybersecurity threats. On October 6, 2021, Deputy Attorney General Lisa Monaco announced the launch of a new cyber-fraud initiative led by the Fraud Section of DOJ’s Commercial Litigation Branch. The new initiative will focus FCA enforcement against federal government contractors or grant recipients who fail to follow required cybersecurity standards.… More

Ransomware Payments – OFAC Updates its Advisory and Congress Gets Involved

Ransomware payments continue to be a focus of the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). As previously reported by Foley Hoag, on October 1, 2020, OFAC released an advisory regarding potential sanctions risks related to facilitating ransomware payments. Almost a year later, on September 21, 2021, OFAC updated its advisory to provide additional guidance regarding what OFAC considers to be mitigating factors if facilitating a ransomware payment results in an apparent violation of U.S.… More

Ransomware Payments – OFAC Updates its Advisory and Congress Gets Involved

Ransomware payments continue to be a focus of the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). As previously reported by Foley Hoag, on October 1, 2020, OFAC released an advisory regarding potential sanctions risks related to facilitating ransomware payments. Almost a year later, on September 21, 2021, OFAC updated its advisory to provide additional guidance regarding what OFAC considers to be mitigating factors if facilitating a ransomware payment results in an apparent violation of U.S.… More

Biden Issues Memorandum Aimed at Improving Cybersecurity

On July 28, 2021, President Biden issued a Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems.  The Memo recognizes that the protection of the nation’s critical infrastructure lies not only with government, i.e., at the federal, state, local, tribal, and territorial levels, but with critical infrastructure owners and operators.  In addition, the Memo states that cybersecurity threats to critical infrastructure, and the systems that control and operate it,… More

CISA Issues Ransomware Alert for Activity Targeting the Healthcare and Public Health Sectors

On October 28, 2020, a joint cybersecurity advisory was coauthored by the Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the Department of Health and Human Services (HHS). This advisory describes the tactics, techniques, and procedures used by cybercriminals against targets in the healthcare and public health sectors to infect their systems with Ryuk ransomware for financial gain.

CISA,… More

FERC Authorizes Deferred Implementation of Seven NERC Reliability Standards

The Federal Energy Regulatory Commission (“FERC” or “Commission”) recently issued an Order approving a request by the North American Electric Reliability Corporation (“NERC”) to defer the implementation of several Reliability Standards scheduled to take effect later this year. This action, along with others discussed in an earlier post here, are the latest measures approved by FERC that demonstrate the Commission’s intent to exercise discretion in easing reliability compliance burdens in light of the national emergency related to the coronavirus pandemic.… More