Eversheds Sutherland Cybersecurity and Privacy Insights Blog
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You’ve Been Breached During the Holidays: Now What?

It was the start of the Thanksgiving holiday when the GC of a large retail company got an urgent call from her CEO. “We’re under attack. I just got off the phone with IT and we have been hacked. Ransomware and a DDOS. Call whoever you need to call, notify whoever you need to notify, and get this fixed.” This occurrence, which extends to all industries, leads to the critical question:...

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law enforcement to seek a warrant from a “magistrate judge with authority in any district where activities related to a crime may have occurred” and use that warrant to...

White House Cyber Commission Issues Requests for Information

The White House’s Commission on Enhancing National Cybersecurity has announced in a Federal Register Notice that it is seeking information on a variety of cybersecurity topics. The Notice indicates that the Commission is seeking information on topics including critical infrastructure cybersecurity, cyber insurance, research and development, the cyber workforce, federal governance,...

Iranians Hackers Targeted Control of New York Dam

The seven Iranian hackers that were indicted for conducting distributed denial of service attacks on banks also were charged with illegally accessing the supervisory control and data acquisition, or “SCADA,” system at a dam in New York State. This is reportedly the first time a breach in a U.S. computer system that controls critical infrastructure has been linked by the FBI to a hacker...

SEC Moves to Update Transfer Agent Rules; New Rules Likely to Impact Unclaimed Property and Cybersecurity

On December 22, 2015, the Securities and Exchange Commission took the first step in overhauling SEC regulation of transfer agents, the little-discussed but critical intermediaries involved in the prompt clearance and settlement of almost all U.S. securities. After many years in which other types of financial market intermediaries took center stage on the SEC’s rulemaking agenda, the...

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