Judge Sanctions Both Sides After Data Exposure by NonLawyers

Maybe you heard about an insurance case in which sides both sides got sanctioned over inadvertent exposure of confidential information by a nonlawyer associate. This story illustrates how electronically stored information (ESI) can get away from you, and has some suggestions for protecting privileged data. Click headline for full story.

Data breach lawsuits get easier while electronic medical records create questionable evidence

If they’re pounded with data breach lawsuits, maybe the business world will start taking security seriously. But the health care sector will have legal jeopardy for a long time. Electronic medical records are in chaos. This produces questionable evidence. Click headline to read more.

What to do for a client who discovers child porn on his computer (and he didn’t put it there)

Child porn is the most frightening of contraband. The law-abiding person who discovers it on his computer is a witness to a crime, but he is also in possession, albeit passively. The law will view him as a criminal suspect. The attorney must be able to guide the process, acknowledging this jeopardy. Click the headline to read more.

A walk down Liability Lane: Unraveling retail credit card breaches

The “freaky-fast” sandwich shop Jimmy John’s, and Home Depot have both been hit by point-of-purchase system attacks. At minimum, the two companies might be accused of failure to perform due diligence of various kinds. But beneath the surface, there are astonishing details for curious litigators.

Evidence source: Dropbox attack victims may be employees who ignored their company’s policies

Cyberattacks against Dropbox are proliferating. Just as litigators have been forced into familiarity with social media as a source of evidence, they will also get to know Dropbox.

As Dropbox and similar file-sharing services are more widely adopted, and as their contents escalate in value – intellectual property and human resources data come to mind – they will be a growing source of leaked information and cyberattacks. Examining security policy, and its enforcement around file-sharing products, will be a key task for litigators, as will discovering which employees have complied and which have not. Click headline to read more.

Road-testing a lame defense for information breach: “It was a very sophisticated attack.”

They said it in the news coverage, and in recent congressional hearings. Retail executives used the same phrase as they explained why cyber thieves were able to breach their networks. “It was a very sophisticated attack,” according to top executives at Target, Neiman Marcus, and other companies who find themselves in the spotlight. Google the […]