Business executives and owners may not appreciate the pain (financially, mentally, and emotionally) that a data breach will cause. Ask any executive who has experienced a data breach and you will hear stories of the pandemonium and stress. After the dust settles (a bit), the expenses start to pile up. If you are wondering why a data breach is so expensive and where these expenses come from, then this blog post is for you. Investigation When a breach is suspected or confirm

In August, DraftKings' website, www.draftkings.com, was the victim of a Distributed Denial of Service (DDoS) attack. DraftKings is an online platform for individuals to compete in daily fantasy sports contests. The attack shut down the website’s operations for 26 minutes. Although a relatively short period of time, DraftKings suffered financial harm and is unhappy. So much so, that on August 30, DraftKings filed a lawsuit in Massachusetts against John Does. Why John Does? Be

Back in the "paper days" it was easier to have a document retention and disposal plan. Storing mountains of paper was expensive and an eyesore. Paper disposal was a matter of saving space, saving money, and aesthetics. In the Cyber Age, data storage and retention is cheaper and to some extent unnoticeable. Some companies are unknowingly storing petabytes or even zettabytes of information because, as the saying goes - "out of sight, out of mind." Unfortunately, a company's

The open Internet drives the economy and serves as a critical tool for people to conduct commerce, communicate, educate, entertain, and engage in the world around them. But what does an open Internet mean and is the debate over network neutrality really a question about keeping the Internet "open"? One of the features of the Internet is the "end-to-end" principle. It is the idea that the network infrastructure remains separate from the content it carries, and that all data

In cyberspace, there is a difference between privacy and security that is sometimes misunderstood. The two concepts are similar and overlap in certain aspects, but companies and individuals who use the Internet should understand the distinction. Privacy on the Internet Privacy is difficult to define. When asked the question, scholars revert to the article, "The Right To Privacy" written by Samuel Warren and Louis Brandeis, and published in the Harvard Law Review in 1890 (yes

Are you using Amazon, Expedia, Groupon, Wayfair, Etsy? Subscribe to Netflix, Hulu, Amazon Prime Video. Listen to Spotify, Pandora, Tidal, Apple Music. When was the last time you went to a branch of your bank to deposit or withdraw cash? Instead, do you use Paypal, Zelle or Venmo and deposit checks using a mobile app. Are you using Uber or Lyft. If you actually drive, are you using an electronic toll transponder and pay your parking meter using your phone. All of the above

Real estate attorneys are prime targets for data breaches, but do they have a duty to prevent/avoid a breach? A Florida company is asking a court to find that attorneys are responsible for maintaining proper cybersecurity in email communications. In 2016, a Seller of real property entered into a contract with a Buyer for property in Clearwater Beach, Florida. The Seller's real estate agent referred an Attorney to perform the closing services for the purchase. The agreed up

A local Maryland embroidery and silk-screening company is suing its insurance carrier due to a Locked-In ransomware attack. In July, National Ink and Stitch, LLC, filed a lawsuit against State Auto Insurance Companies in the District Court of Maryland. National Ink alleges that in December 2016, it discovered that its computer system was infected with the Locked-In ransomware. The ransomware completely shut down the company's computer system and destroyed software and data,

Nichole Black at mycase.com wrote a blog on 10 Technologies That Changed the Practice of Law. Among the 10 were (in no particular order), Typewriters, Copiers, Facsimile, Desktop Computers, and the Internet. In my opinion, four companies in particular have changed the modern practice of law: Google, Apple, Facebook, Amazon (GAFA). Google "Just google it" - is a common phrase in every day use. The Internet has changed legal research methods from spending hours in a library dr

Are you curious about possible types of emerging technology? Imperial Tech Forsight (which is affiliated with Imperial College London) has created a periodic table of future technology. As reported by Jake Kanter at Business Insider, the table above was the brain child of Richard Watson and Anna Cupani. The green elements represent technology that already exists for every day use such as Cryptocurrency (Cr) and Autonomous Vehicles (Av). The ones in yellow are possible in the

Cyber Law or cyberspace law is the field of law dealing with the Internet, encompassing cases, statutes, regulations, and disputes that affect people and businesses interacting through computers. CYBERLAW, Black's Law Dictionary (10th ed. 2014) Cyber Law is fairly new and rapidly evolving. The Internet had its origins in 1969 as an experimental networking project supported by the Advanced Research Project Agency of the U.S. Department of Defense. In 1983, the network switche

The United States Supreme Court recently decided that states can require out-of-state retailers to collect sales tax from customers, even if they don't have a physical presence in the state. Ever wondered why some websites charge sales tax and others do not? It's because in1992, the Supreme Court rendered a decision, in Quill Corp. v. North Dakota, that effectively prevented states from collecting any sales tax from retail purchases made over the Internet or other e-Commerce

At the Google I/O, we watched in awe as Google's artificial intelligence (Google Duplex) called a local hair salon to make an appointment. The crowd laughed as the machine said "Mm-hmm" and "Uhmmm" - subtle fluctuations to imitate a human speaking. People commenting on this demonstration were equally amazed and disturbed that the human on the other end of the line did not know she was talking to a machine. Of course, one question was "is that legal?" Shouldn't Google notify t

You probably can't define it and even scholars disagree on what it means, but we all operate in "cyberspace." At first, cyberspace was limited to communication (think email), then e-commerce, but it has now expanded to a critical component of our everyday lives. We depend on systems that operate autonomously to manage simple tasks such as making reservations, automatic bill pay, and electronic tolls. We rely on these systems to handle complex operations like making trades on

It is hacking season! Companies are paying millions of dollars related to hacking incidents - Target, Sony, Anthem, to name a few. Hackers are targeting companies that store personal identifiable information (PII). These companies include law firms, restaurants, universities, healthcare service providers and the government. If you operate a business, here are five reasons you should be concerned. 1. Hacking Happens It really does not matter if you operate a national chain or

As of August 28, 2017, "Covered Entities" such as banks, insurance companies, and other financial services institutions must comply with the New York State Department of Financial Services (DFS) recently adopted cybersecurity regulation. All regulated entities must have: • a cybersecurity program designed to protect consumers’ private data; • a written policy or policies that are approved by the board or a senior officer; • a Chief Information Security Officer (CISO) to help

Autonomous vehicles are on the horizon. Business leaders in all industries have to take a proactive approach to this transportation disruptor. They must make informed decisions and execute those decisions quickly to respond to the impending change. Here are 5 industries that will feel the impact almost immediately. Insurance: Approximately 90 percent of car accidents are caused by human error. Manufacturers of autonomous vehicles promise a major reduction in the number of acc