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Category: Commentaries and Analyses

Forensic report

Privilege Under Pressure: The Shifting Data Breach Investigation Landscape

Posted on February 20, 2025February 19, 2025 by Dissent

Jena M. Valdetero and Emily S. Taetzsch of Greenberg Traurig, LLP write that in recent years, federal courts have narrowed the scope of protection for forensic reports produced in response to data breaches.  As part of her discussion, she cites the Capital One case in 2020, the Wengui case in 2021, the Rutter’s case a few…

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How federal rules on cybersecurity breach transparency for businesses were challenged in court in 2024

Posted on February 20, 2025February 19, 2025 by Dissent

Dom DiFurio reports: In October, four companies collectively paid nearly $7 million as part of a settlement with the Securities and Exchange Commission for allegedly failing to properly inform investors of a cyberbreach affecting their companies, a liability American businesses have not previously faced. The companies were compromised in a cyberattack targeting their IT software provider in…

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There’s a new ransomware player on the scene: the ‘BlackLock’ group has become one of the most prolific operators in the cyber crime industry – and researchers warn it’s only going to get worse for potential victims

Posted on February 19, 2025February 18, 2025 by Dissent

Solomon Klappholz reports: The BlackLock ransomware group has become one of the most prolific operators in the Ransomware as a Service (RaaS) ecosystem, with experts warning it could accelerate its growth over the next year. Also known as El Dorado, BlackLock was ranked as the the seventh most active ransomware group based on the number of posts…

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M&A

Deal leaks: data protection during M&A

Posted on February 18, 2025February 20, 2025 by Dissent

Fraser Tennant reports: ….  The reality is that M&A practitioners, in their quest to negotiate the best possible deal, may be less focused on the tools that are used to store and share confidential transactional data – both internally and externally. This can leave such data highly vulnerable to hackers with malicious intent. “Threat actors…

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Surveillance

The Myth of Jurisdictional Privacy

Posted on February 18, 2025 by Dissent

by Stephen Gielda Founder, Packetderm LLC Understanding Global Surveillance In discussions of online privacy, you’ll often hear passionate debates about jurisdiction, with particular focus on avoiding the “Five Eyes” intelligence alliance countries (USA, UK, Canada, Australia, and New Zealand). The argument goes that by choosing a service provider outside these nations, you can somehow escape…

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Uphill battle

Bill raising the bar for class-action suits in data breach incidents advances

Posted on February 15, 2025 by Dissent

Rural Radio reports: A measure that would raise the bar for filing class-action lawsuits in state courts against private entities that suffer a cybersecurity breach has received first round approval in the Nebraska Legislature. Lawmakers spent a considerable amount of floor debate Tuesday and today discussing LB 241, which would require willful, wanton, or gross…

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