The New York State Department of Financial Services (“DFS”) issued a Statement of Charges and Notice of Hearing (the “Charges”) earlier today against First American Title Insurance Company (“First American”) for multiple violations of the DFS Part 500 Cybersecurity Regulation (the “Regulation”), including: Failure to perform an adequate risk assessment Failure to maintain proper access controls Failure to provide adequate security…

Today the Court of Justice of the European Union (CJEU), the EU’s highest court, invalidated the EU-U.S. Privacy Shield for cross-border transfers of personal data.  The CJEU’s decision also cast significant doubts over whether companies can continue to use the European Commission-approved Standard Contractual Clauses (SCCs) to transfer EU personal data to the U.S., or to other jurisdictions with similarly…

France’s supreme court for administrative matters, the Council of State (Conseil d’Etat), has upheld the €50 million fine imposed on Google LLC by the French data protection authority, the Commission Nationale Informatique et Libertés (the “CNIL”), for breaches of the General Data Protection Regulation (the “GDPR”). Google LLC is the California-based, Delaware-incorporated entity that serves as the main Google operating…

On July 7, 2020, Avi Gesser and Mengyi Xu from Debevoise’s Data Strategy & Security Group, along with their special guests, Luke Tenery and Joe Shepley of Ankura, had a insightful discussion on how companies can identify and reduce the risks associated with employee credential security, including: Making sure that furloughed and departing employees do not have access to confidential…

In a recent blog post discussing business email compromise (“BEC”) schemes, we shared tips for preventing and responding to these incidents in remote work environments. This week, Bloomberg Law has posted Part Two of our series on BECs, which relates to the allocation of losses that often result from successful BEC attacks. In this installment, we discuss an emerging legal…

As many people return to their workplaces, cybersecurity attacks continue unabated. Email phishing remains the most common method by which cybercriminals first gain unauthorized access. These phishing attacks can then lead to ransomware incidents, business email compromise scams and other destructive cyber attacks. So, training employees to be able to spot phishing emails is as important as ever, as is…

Ransomware attacks continue to plague businesses across the globe. As companies enhance their defenses, attackers increase the sophistication of their software and its deployment. Ransomware attacks used to be limited to the locking of a company’s computer system by encryption software and a demand to pay in order to obtain the key, but not anymore. In early June 2020, for…

On June 23, 2020, please join Avi Gesser and HJ Brehmer from Debevoise’s Data Strategy & Security Group, along with our special guest, Dave Wong, VP at FireEye Mandiant, for a discussion on the current threat landscape of Ransomware 2.0 and associated mitigation strategies and considerations, including: Ransomware 2.0 and the current threat landscape, including COVID-19 related phishing e-mails, attacks…

On June 16, Avi Gesser, Stephanie Cipolla, and special guests Art Ehuan from Crypsis and Ed Cabrera from Trend Micro discussed the hallmarks of a reasonable corporate cybersecurity program for the purposes of defending litigation or responding to regulatory inquiries, including: Technical controls (MFA, access rights, encryption, network segmentation, endpoint detection, etc.) Administrative controls (policies, procedures, training, resources, vendor management, etc.)…

Introduction Much has been written recently on the increased cybersecurity and privacy risks that companies are facing. One of the most effective ways for organizations to mitigate those risks is to significantly reduce the amount of data that they collect and maintain. Having less data means that there is less sensitive information to protect from hacks or leaks which is…