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Nov 1, 20213 min read
WHAT DO CYBER LAWYERS DO? About 5 things…
I At a Halloween party, a new acquaintance asked, “What do cybersecurity lawyers actually do?” It is a fair question. Without decades of...

Oct 26, 20213 min read
U.S. 5th Cir. Defends HealthTech Again!
Referred by an in-house colleague, a recent ruling within the Fifth Circuit again demonstrated its refusal to allow prosecutorial abuses...

Sep 20, 20213 min read
HIPAA-Exempt Health Apps Face FTC Threats
One of the few parenting truths is not to threaten children with punishments unless the parents can deliver. Failure to follow through...

Sep 2, 20213 min read
Claims Against Malwarebytes Dismissed for Lack of “Objective Criteria"
While researching current litigation on end point detection software standards (a regularly recommended activity in this novel legal...

Aug 25, 20213 min read
It’s Not Just Financial – It’s Also Life or Death
With the Delta variant testing hospital capacity, hospital again become high-value targets for cyber-attacks. Hospitals entice cyber...

Aug 1, 20213 min read
3 LESSONS ON PRESERVING LEGAL PRIVILEGES FOLLOWING A “BREACH”
Murphy’s law guaranteed that the moment I deployed, U.S. Courts started rapidly issuing cyber law opinions. Nothing like using third...

Jul 18, 20212 min read
Reward for Ransomware Reporting? And other news bytes.
Apologies for the absentee posting. Balancing civilian responsibilities is slightly more difficult in a third world country... New...

Jun 21, 20214 min read
Failure to Conduct Cybersecurity Due Diligence Before M&A
In the words of Julia Robert’s character, Vivian Ward in Pretty Woman, “Big mistake. Big. Huge.” Just ask Marriott yesterday, today,...

Jun 11, 20213 min read
Pipeline Companies – Ready for June 28, 2021?
First, “hats off” to the publicists for Colonial Pipeline. These people deserve a bonus, perhaps from the $2.3M recovered (out of the...

Jun 6, 20217 min read
CYBERSECURITY FOR EXECUTIVES – Key Terms, Essentials, What to Ask
Author’s Note: Apologies for the absence of articles. I am currently deployed for Uncle Sam. I remain committed to supporting information...

May 19, 20214 min read
President’s Cybersecurity Order: Great Start, But Something is Missing…
New parents demand surgical-style hand washing before anyone touches their newborn. Fast-forward several years, maybe a second kid, and...

Apr 23, 20213 min read
THE FBI ALTERED PRIVATE SERVERS WITHOUT PERMISSION – HOW?
Great question. On Tuesday, the Department of Justice announced that the FBI removed web shells from an unknown number of private servers...

Apr 16, 20214 min read
Patient Access Rights - A Snake in the Grass...
Prior to 2020, cyber law was a three-headed snake: information security, privacy, and the judiciary (criminal & civil penalties). In May...

Mar 31, 20213 min read
“YAES” AND “NAYS” FOR PENDING FEDERAL LEGISLATION
The U.S. Government learned some cybersecurity lessons the hard way this past year. And while many watched with frustration, it is...

Mar 24, 20213 min read
Are You Wise or Clever?
Here is a frame of reference: in addition to his other famous accolades, Albert Einstein is famously quoted as saying “A clever person...

Mar 9, 20213 min read
CYBER LAW MAKING MORE APPEARANCES IN COURT
Lawyers working in almost every other area of law enjoy years, decades, and sometimes centuries of legal precedent to guide their...

Mar 2, 20213 min read
DATA PRIVACY CHANGES IN THE STATES
Following in California’s footsteps with its California Consumer Privacy Act (CCPA), several other states either attempted (now stalled...

Feb 28, 20213 min read
2021: Breaches and Ransomware Off to Scary Start
Despite daily reminders from any tech news source, there remains a hesitancy to invest in information security at every business level....

Feb 16, 20213 min read
3 Insights Following the Water Facility Attack
With the initial shock and fear now subsided, three important insights should emerge from the February 5, 2021 hacking of the Oldsmar,...

Feb 8, 20213 min read
The U.S. Fifth Circuit Defends a Hospital from "Arbitrary and Capricious" DHHS Fines
Healthcare entities located in Louisiana, Texas, and Mississippi need to rejoice in winning the jurisdictional lottery. On January 14,...
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