Category Archives: Cybersecurity

FTC’s Ability to Regulate Data Security Potentially Limited in FTC v. LabMD

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A November 13, 2015 decision from the Federal Trade Commission’s Chief Administrative Law Judge, D. Michael Chappell, calls into question FTC enforcement in the data privacy space.  The case began when the FTC filed a complaint on August 28, 2013 after an employee of LabMD, a cancer detection laboratory, downloaded peer-to-peer (“P2P”) software that exposed patient information on the file sharing network (also known as “1718 File”). An online security firm named Tiversa found this file on a peer-to-peer file-sharing network in 2008 and used it to solicit work protecting LabMD’s data. The [...] Read more

Alston & Bird Partners Speak at NAWL General Counsel Institute

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Kim Peretti, partner and co-chair of Alston & Bird’s Cybersecurity Preparedness & Response Team, and Allison Ryan, partner, were speakers in the session "The Role of In-House Counsel in Cybersecurity in Both the Pre- and Post-Breach Worlds" at the 11th Annual General Counsel Institute. The Institute took place November 5-6 in New York and was hosted by the National Association of Women Lawyers (NAWL). Predicting data breaches and cyber threats to a company’s network can be extremely difficult, if not impossible.  Today the in-house lawyer’s role in cybersecurity must begin [...] Read more

Jan Dhont Presents at Privacy + Security Forum

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Jan Dhont, Brussels partner and head of the firm’s European Privacy and Data Protection practice, presented at the First Annual Privacy + Security Forum in Washington, DC on October 22.  Jan spoke on BCRs with specific focus on their interoperability with CBPRs.  The forum combined privacy and security, which often exist in separate silos.  The attendees included privacy professionals, security professionals, chief information officers, law firm attorneys, policymakers, academics, experts from NGOs and think tanks, and technologists. To review the presentation slides, please click here. [...] Read more

Kim Peretti to Speak at Today’s General Counsel Institute

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Kim Peretti, partner and co-chair of Alston & Bird’s Cybersecurity Preparedness & Response Team, will speak at “The Exchange” Data Privacy and Cybersecurity Forum in Washington, DC from November 4-5. The forum is being presented by Today’s General Counsel Institute.  Kim will be presenting on the topic “Breach Response: What Do I Do Now?”  The session will cover: What skills and best practices do you need? External experts on retainer What is “reasonable”? Recovering from the inevitable loss of data How best to report breaches to the public? …to the government [...] Read more

Kim Peretti Presents at FCC Cybersecurity Forum

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Kim Peretti, partner and co-chair of Alston & Bird’s Cybersecurity Preparedness & Response Team, was a featured speaker at the Cybersecurity Forum for Independent and Executive Branch Regulators, organized by the Federal Communications Commission and the Federal Reserve Board on October 16. The Forum, which was held at FCC headquarters in Washington, D.C., focused on primary issues and the possible solutions for information sharing and cybersecurity as relevant to regulatory agencies.  Kim presented an overview of legal challenges in cybersecurity information sharing in a moderated [...] Read more

Alston & Bird to Host Live Program and Webinar on National Security, Espionage, and Data Breaches

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On October 29, Alston & Bird’s Cybersecurity Preparedness & Response Team will host a live program and webinar called National Security, Cyber Espionage and “Bulk PII” Breaches in our Washington, DC office.  The program will examine the recent phenomenon of allegedly state-sponsored actors executing major cyber-attacks specifically targeting large databases of personal data for espionage purposes.  Speakers on the panel will include our own Senior Counsel Peter Swire; Luke Dembosky, Deputy Assistant Attorney General, National Security Division, U.S. Department of Justice; and Charles [...] Read more

Kim Peretti Quoted by InsideCybersecurity on Board Involvement in Cybersecurity

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Kim Peretti, partner and co-chair of the firm’s Cybersecurity Preparedness & Response Team, was quoted in an InsideCybersecurity daily news report on October 2 titled, “Amid regulatory fears, boards improve on cybersecurity.” A recent report from Georgia Tech Information Security Center shows an increase in boardroom involvement in cybersecurity management - 63 percent of boards are now actively addressing IT security, up from 33 percent in 2012.  According to Peretti there are changing regulatory expectations of how and how much boards should be engaged, so companies are rushing [...] Read more

Alston & Bird Conducts Cybersecurity Preparedness and Response Training with Industry Experts

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Alston & Bird’s Cybersecurity Preparedness and Response (CPR) team recently partnered with Stroz Friedberg and Brunswick Group to conduct a comprehensive, all day breach preparedness and response training session for A&B team members.  Approximately 35 members of the firm participated in this in person multi-disciplinary training session.  CPR team members shared their experiences and insight from the entire CPR lifecycle, from preparing incident response plans to dealing with card brands in PCI breaches and everything in between.  Given the intense and unannounced nature in which [...] Read more

Kim Peretti Speaking at Financial Services Roundtable 2015 Fall Conference

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Kim Peretti, partner and co-chair of Alston & Bird’s Cybersecurity Preparedness & Response Team, will be a featured speaker at the Financial Services Roundtable (FSR) 2015 Fall Conference, hosted by FSR. Ms. Peretti is participating in a public panel on October 2 from 12-1pm EST.  The topic is “Corporate Cyber Liability: How Prepared Is Your Board?”  Panelists will discuss the rise of cybersecurity as a boardroom issue.  BITS President Chris Feeney will moderate the panel.  FSR and the Georgia Tech Center for Information Security (GTISC) will also unveil the results of a [...] Read more

SEC Provides Additional Information On Cybersecurity Examinations

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On September 15, 2015, the Security and Exchange Commission’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert to provide additional information on the areas of focus for its second round of cybersecurity examinations. The OCIE’s initial cybersecurity examinations in 2014 were to identify cybersecurity risks and assess cybersecurity preparedness in the securities industry. The second round of examinations will focus on areas including governance and risk assessment, access rights and controls, data loss prevention, vendor management, training, and incident [...] Read more