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SEC’s New Cyber Incident Disclosure Requirements Will Go Into Effect in December

Come December 2023, public companies will have a very narrow window to report cybersecurity incidents that materially affect their companies. Companies will also have to report annually how they assess and manage...more

Cyber Insurance Policies May Not Cover Phishing Attack Funds Diversion

The Eleventh Circuit Court of Appeals is considering an appeal from the United States District Court for the Middle District of Florida , in which the District Court ruled that a cyber insurance policy did not cover diversion...more

Is Reporting Cyber Breaches to the Federal Government Required or Encouraged?

President Joe Biden signed the Strengthening American Cybersecurity Act into law on March 15.  Among other requirements, companies that are “covered entities” must report data breaches promptly to federal regulators.  For...more

New Jersey Court Rules “Acts of War” Insurance Policy Exclusion Inapplicable to Russian Malware Attack

Pharmaceutical giant Merck won a major victory over its insurance carrier in New Jersey Superior Court recently. Merck’s victory means its carrier is liable to pay out up $1.4 billion to Merck for alleged losses arising out...more

OFAC Warns Companies Again Not to Pay Ransomware Demands and Offers Helpful Hints for Mitigating Risks

On September 21, 2021, The Department of Treasury’s Office of Foreign Assets Control (“OFAC”) issued an Updated Advisory “to highlight the sanctions risks associated with ransomware payments in connection with malicious...more

Do the 2021 Federal Ransomware Laws Foretell Passage of Federal Data Privacy Laws?

In the last several weeks, the Executive and Legislative branches of the United States federal government have taken bipartisan measures to defend the country’s infrastructure from the critical national security threat posed...more

A Hard Lesson from the Colonial Pipeline Ransomware Attack

In the immediate aftermath of the May 7, 2021 Colonial Pipeline ransomware attack, the focus, naturally, is on the rush to get the pipeline back on line after identifying and patching any vulnerabilities that caused the...more

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