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Tag Archives: cybersecurity

Posted in Cybersecurity & Data Breaches

Cybersecurity Remains A Top Concern Facing Corporate Directors and General Counsel

For the second year in a row, corporate directors and general counsel have ranked cybersecurity as a top-of-mind concern. On May 8, Corporate Board Member and FTI Consulting released the results of their 2013 Law in the Boardroom survey of over 550 directors and general counsel. As the report notes, “the newest area of major concern continues a trend noted in last year’s study: data security and IT risk is one of the most significant issues for both directors and general counsel.” Hogan Lovells partner Harriet Pearson explained why cybersecurity has become a top-of-mind concern as part of her article on “Cybersecurity: the Corporate Counsel’s Agenda,” which presented a ten-point agenda for managing cyber risk.

The survey found that data security was a close second for both directors and general counsel on the list of issues that will keep them up at night. And more than a quarter of all respondents ranked cyber risk oversight as an area that will require their attention in 2013. These results are unsurprising given the past year’s heightened congressional and executive scrutiny on cybersecurity issues (e.g., congressional hearings on cybersecurity and NIST’s development of a Cybersecurity Framework), coupled with increasing media coverage of cybersecurity incidents such as this report on a coordinated “cyberheist” that stole $45 million from 2,904 ATMs in a matter of hours.

Posted in Cybersecurity & Data Breaches, News & Events

Hogan Lovells Partner Testifies in US House of Representatives on Cybersecurity and Privacy

On April 25, Hogan Lovells partner Harriet Pearson testified before the US House of Representatives on the relationship between cybersecurity and privacy in business. The Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies of the House Committee on Homeland Security held a hearing on “Striking the Right Balance: Protecting our Nation’s Critical Infrastructure from Cyber Attack and Ensuring Privacy and Civil Liberties” to examine existing privacy protections and learn more about potential improvements. Pearson first outlined several cybersecurity-related measures that may require access to personal information, and thus potentially implicate privacy concerns. Pearson then offered her views on steps business and government can take to incorporate respect for privacy into enhanced cybersecurity.

Posted in Cybersecurity & Data Breaches, News & Events

Hogan Lovells Sponsors Inaugural Cybersecurity Law Institute in Washington, DC

With cybersecurity now ranked as the top concern for general counsel and corporate board members, and with the regulatory and legislative landscape so active (e.g., the House’s passage of CISPA and the President’s Executive Order), Hogan Lovells is proud to be a sponsor of the inaugural Cybersecurity Law Institute, to be held at the Georgetown University Law Center in Washington, DC, on May 22–23, 2013.

Posted in Cybersecurity & Data Breaches

Cybersecurity Information Sharing Bill Passes House with Veto-Proof Margins

On April 18, the US House of Representatives passed the Cyber Intelligence Sharing and Protection Act (CISPA), H.R. 624, which would enable companies to share information about cyber threats while benefiting from certain liability protections. The bill passed despite a White House threat earlier this week to veto the bill. The vote was 288-127, with 196 Republicans and 92 Democrats in… Continue Reading

Posted in Cybersecurity & Data Breaches, News & Events

Podcast Interview with Harriet Pearson on Cybersecurity Issues

The February 21 edition of The Corporate Counsel.Net blog presents an audio interview with Hogan Lovells partner Harriet Pearson in which the following topics are addressed: Why cybersecurity is a hot topic for lawyers now, and not just IT staff. The signficance of recent interactions on this topic between Senator Rockefeller and the CEOs of the… Continue Reading

Posted in Cybersecurity & Data Breaches, News & Events

February 28 Webcast on How To Handle a Cyber-Attack and the Implications of New Executive Order on Cybersecurity

On February 28, Hogan Lovells will present a timely and complimentary program:  “Hacked? What’s Next? Handling Cybersecurity Breaches in 2013.”  Cybersecurity experts have said it is not a matter of “if” but “when” a company will have to address a security breach. With regulations tightening in Europe and in the United States, the responsibility for handling and preventing these… Continue Reading

Posted in Cybersecurity & Data Breaches

U.S. Cybersecurity Executive Order Signed, Will Affect Many Types of Businesses

On February 12, President Obama signed an Executive Order on “Improving Critical Infrastructure Cybersecurity,” and then referenced the Order and the need for additional congressional action during the State of the Union address on the same day: America must also face the rapidly growing threat from cyber-attacks. We know hackers steal people’s identities and infiltrate… Continue Reading

Posted in Cybersecurity & Data Breaches, International/EU Privacy, News & Events

“Key Internet Enablers” and Other Critical Industries the Subject of Proposed European Cybersecurity Directive

Noting that security incidents affecting information systems “are becoming bigger, more frequent, and more complex,” and that the majority of respondents to its consultation on the topic reported having experienced such an incident in the past year, today the European Commission released a proposal for a Directive “concerning measures to ensure a high common level… Continue Reading

Posted in Cybersecurity & Data Breaches, News & Events

Senator Releases Report on Corporate Responses to Cybersecurity Queries

Cybersecurity is on the 113th Congress’ agenda given recent developments in the U.S. Senate.  Today Senator Rockefeller, Chairman of the Commerce Committee,  released a staff memorandum presenting the responses his office received to his September 2012 letter regarding cybersecurity practices. The letter, which we discussed in a previous post, went to the CEOs of every Fortune 500 company and requested responses to eight questions… Continue Reading

Posted in Cybersecurity & Data Breaches

U.S. Banking Regulator Directs Banks to Bolster Cybersecurity Efforts in Wake of Recent Denial of Service Attacks

The Office of the Comptroller of the Currency (OCC) issued an alert today warning banks of a recent spate of distributed denial of service (DDoS) attacks directed at several U.S. banks, and reiterating its expectation that banks have risk management programs in place to identity and mitigate the “new and evolving threats” to online customer… Continue Reading

Posted in Cybersecurity & Data Breaches

New U.S. Security Breach Reporting Requirements Likely for Cleared Defense Contractors

Michael Scheimer, an associate in the Government Contracts group, contributed to this entry. The National Defense Authorization Act for Fiscal Year 2013 (NDAA FY 13) has recently emerged from the congressional conference committee formed to reconcile the House and Senate versions of the bill. The compromise bill (HR 4310 – H Rept 112-705), which both… Continue Reading

Posted in Cybersecurity & Data Breaches

Bloomberg BNA Publishes Hogan Lovells Article “Cybersecurity: The Corporate Counsel’s Agenda”

Hogan Lovells partner Harriet Pearson has authored an article in Bloomberg BNA’s Privacy and Security Law Report. In “Cybersecurity: the Corporate Counsel’s Agenda” she describes why cybersecurity has become the biggest concern of general counsel and corporate board members. She then lays out a ten-point agenda for corporate counsel to help their companies manage cybersecurity risk.

Posted in Cybersecurity & Data Breaches, International/EU Privacy

French CNIL Publishes English Language Compliance Guides

France’s data protection authority, the Commission Nationale de l’Informatique et des Libertés (CNIL), released on November 14, 2012 English-language versions of its compliance guides for businesses. The first guide, “Methodology for Privacy Risk Management”, provides a step-by-step guide for identifying risks and prioritising remedial actions. The second guide, “Measures for the Privacy Risk Treatment“, provides practical guidance on… Continue Reading

Posted in Cybersecurity & Data Breaches

Upcoming Cybersecurity Webinar to Feature Hogan Lovells Partner

On November 28, Bloomberg BNA is hosting a ninety-minute program on “Cybersecurity: The Corporate Counsel’s Agenda.” The webinar will review the latest cybersecurity developments, existing laws and enforcement initiatives, the post-election cybersecurity legislation landscape, and tips for what in-house counsel should be doing to manage cyber risk. Hogan Lovells partner Harriet Pearson will participate on… Continue Reading

Posted in Cybersecurity & Data Breaches

New Safeguarding Requirements for Government Contractor Information Systems

Government contractors soon may be compelled to protect against the compromise of information that is resident on their network and computer systems. The Federal Acquisition Regulatory Council (FAR Council) issued on August 24 a proposed rule on “Basic Safeguarding of Contractor Information Systems”. The proposal would add a new FAR subpart and contract clause requiring small and large contractors, including commercial items contractors, to employ basic security measures to protect information from unauthorized disclosure, loss, or compromise.

Posted in Cybersecurity & Data Breaches

Influential Senators Call on White House to Issue Cybersecurity Executive Order

As previously reported, the Obama Administration is reported to be considering the issuance of an Executive Order on cybersecurity in light of the current legislative impasse on this topic. This week Senator Feinstein (D-CA), the Chairman of the Senate Intelligence Committee, called on the President to take such action. In her open letter to the… Continue Reading

Posted in Cybersecurity & Data Breaches, News & Events

Role of Government in Cybersecurity Addressed by Chris Wolf at Geneva ITU Meeting

The International Telecommunications Union (ITU) is the agency of the United Nations focused on information and communications technology. It currently is hosting the ITU Telecom World in Geneva, and invited Hogan Lovells’ Chris Wolf, in his capacity as founder and co-chair of the Future of Privacy Forum, to submit a paper and participate in a panel… Continue Reading

Posted in Cybersecurity & Data Breaches, News & Events

Invitation to Complimentary Webinar on SEC Cybersecurity Disclosure Guidance

On October 31st, Hogan Lovells will present a complimentary webinar exploring the impact of the SEC cybersecurity risk Disclosure Guidance, featuring senior lawyers in the Hogan Lovells Capital Markets and Privacy and Information Management practices, as well as a managing director of Stroz Friedberg LLC, a technology firm assisting clients with digital risks. This blog entry invites readers to register for the webinar.

Posted in Cybersecurity & Data Breaches, Financial Privacy

SEC Issues First-Ever Guidance on Disclosure to Investors of Cybersecurity Risks

On October 13 the Division of Corporate Finance at the US Securities and Exchange Commission issued a Disclosure Guidance that for the first time advises registrants — public companies — to evaluate their cybersecurity risks and, if deemed material, to disclose such risks to investors. This Guidance is likely to lead to public companies performing formal and detailed assessments of the cybersecurity risks, and may lead to shareholder litigation following data security breaches with claims that a company failed to perform the assessment and disclose the risks recommended in the Guidance for complaince with securities disclosure laws.

Posted in Cybersecurity & Data Breaches

Commerce Department Calls for Improved Cybersecurity Through Voluntary Self-Regulatory Standards

At a time when hacks of major commercial computer systems are in the news, the Department of Commerce’s Internet Policy Task Force issued a green paper yesterday preliminarily recommending a new framework for Internet security for the myriad interconnected companies using the Internet other than those considered critical infrastructure. The report, described in this blog entry, proposes voluntary self-regulatory codes of conduct.

Posted in Cybersecurity & Data Breaches

Changes for Federal IT Security Proposed With Impact for Government Contractors

Legislation has been introduced that would reform the way IT security would be monitored and managed within the federal government. The legislation also would overhaul the Federal Information Security Management Act of 2002 (FISMA), and has important implications for government contractors. This blog entry provides the details and was authored by Hogan Lovells Government Contract attorney William Ferreira.