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The High Stakes, High Seas Cyber Peril

Those who work in shipping are accustomed to the perils of the high seas, whether from storms, pirates, floods or fires. But now, a new danger is lurking—the possibility of a cyberattack. Despite the growing prevalence and severity of cyberattacks across industries, the shipping industry as a whole has been slow to react, and many are less than optimally prepared. When it comes to...

The Cyber Shot Across the Bow: Data Manipulation and GPS Spoofing

In September 2015, then-Director of National Intelligence James Clapper warned that the next “push of the envelope” in cybersecurity might be attacks that change or manipulate electronic information in order to compromise its accuracy or reliability. Two years later, we may now be seeing the very beginning of such insidious attacks in the form of GPS spoofing—a technique that sends...

Is a cyber-attack ”Force Majeure”? Je ne crois pas!

Force majeure clauses are designed to address the risk of events which arise during the course of a contract and are beyond the control of the parties. These clauses can operate to suspend the performance of obligations for the duration of the force majeure and without liability, affording the affected party the opportunity to restore business-as-usual operations. They are the...

SEC Enforcement: Where do we come from? Where are we going?

In Dan Brown’s latest best-seller, “Origin,” he explores the questions: (1) Where do we come from (meaning, how did life get formed)? and (2) Where are we going (or, how will we evolve)? While the US Securities and Exchange Commission (SEC) Division of Enforcement’s “Annual Report, A Look Back at 2017” is no “Origin,” “The Da Vinci Code” or even...

Cybersecurity is a Texas-Size Problem

Being home to one of the nation’s busiest ports, a world-renowned medical center and an epicenter of North American energy production is undoubtedly good for Texas businesses. However, Texas industries are increasingly becoming targets of global hackers. When it comes to cybersecurity, Texas has a bullseye painted on its back, and the cavalry won’t be riding to the rescue any time...

New OCIMF Pre-Fixture Tanker Vetting Cyber Requirement

While the International Maritime Organization (IMO) has given ship owners and managers until 2021 to incorporate cyber risk into ships’ safety management systems, tanker owners and operators that are subject to vetting under the Oil Companies International Marine Forum’s (OCIMF) Ship Inspection Report Program (SIRE) Program will be expected to address cybersecurity risks in their...

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