Participating in a panel at the “SEC Speaks” event on February 19, Deputy Director of the SEC’s Enforcement Division Stephanie Avakian expressed that the Commission continues to focus on cybersecurity as a top priority in 2016. Avakian discussed the Commission’s cybersecurity concerns in three contexts: (1) failure of registered entities to follow Rule 30(a) of […]
Cyber Risk
The Importance of Strategic Vendors in Breach Response
Alston & Bird recently issued an Advisory, co-authored by Jim Harvey and Karen Sanzaro, on the complexities of managing a data breach that implicates strategic third party vendor relationships. Cybercrime and data security incidents are on the rise. Security breaches and the ensuing investigation and remediation process can be costly and complex. The process is […]
Moody’s Identifies Cyber Risk As Key Factor in Credit Ratings
In a report released November 23, Moody’s Investors Service announced that the implications of cyber threats could start taking a higher priority in its credit analysis. Moody’s said it views cyber threats as similar to other extraordinary event risks, such as a natural disaster. “While we do not explicitly incorporate cyber risk as a principal […]
FFIEC Warns of Increase in Cyber Attacks Involving Extortion, Encourages Financial Institutions to Develop Response Programs
Last week, the Federal Financial Institutions Examination Council (FFIEC) issued a joint statement warning of an “increasing frequency and severity of cyber attacks involving extortion.” The statement warned that criminals have been extorting financial institutions using a variety of tactics, including denial of service attacks, theft of sensitive information, and use of “ransomware,” which is […]
The Supreme Court To Resolve Whether a Violation of a Statutory Right Confers Article III Standing
The Supreme Court’s recent decision to hear the appeal in Spokeo, Inc. v. Robins may have significant implications for data breach litigation in particular and consumer class action litigation generally. At issue is whether a plaintiff who has suffered no actual injury or harm nonetheless has standing under Article III of the United States Constitution […]