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When to Notify Your Cyber Carrier of a Security Incident - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

Our company experienced a cybersecurity incident. It seemed pretty minor — just a few suspicious emails and an employee’s account being locked. To my dismay, we’re now hearing from our IT team that the issue is more serious....more

2024 Privacy, AI & Cybersecurity Year in Review

2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United...more

6 Tips for Cos. Facing Service Provider Cyber Incidents

It is no secret that ransomware dominates headlines, and cybersecurity incidents have become part of our everyday language. However, the criminal “business model” behind ransomware keeps evolving. Originally published in...more

Takeaways From Texas AG’s Novel AI Health Settlement

On Sept. 18, Texas Attorney General Ken Paxton announced a settlement with healthcare technology company Pieces Technology pursuant to the Texas Deceptive Trade Practices-Consumer Protection Act. Originally published in...more

6 Considerations to Determine if a Cyber Incident Is Material

In late June, the staff of the U.S. Securities and Exchange Commission’s Division of Corporation Finance released five new compliance and disclosure interpretations regarding the disclosure of material cybersecurity incidents...more

Cyber Incident Response Checklist for SEC Compliance

By now, public companies are generally aware of the cybersecurity rules adopted by the U.S. Securities and Exchange Commission a year ago, requiring public companies to disclose material cybersecurity incidents under Item...more

AI and HR: Navigating Legal Challenges in Recruiting and Hiring

Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more

SEC Cybersecurity Incidents Disclosures: Materiality, Decryptors, and Ransom Payments - Dear Mary – Incidents + Investigations...

I work for a public company that recently experienced a ransomware attack. Fortunately, we were able to restore our business operations quickly by obtaining a decryption key from the threat actor. Given that we managed to get...more

Notifying Law Enforcement of Security Incidents - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

“Dear Mary” is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related — data breaches, forensic investigations, how to...more

Ensuring Proper Legal Involvement in the Incident Response Process - Dear Mary – Incidents + Investigations Cybersecurity Advice...

“Dear Mary” is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related — data breaches, forensic investigations, how to...more

Restrictions on Paying a Ransom Demand - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

“Dear Mary” is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related — data breaches, forensic investigations, how to...more

Understanding Access vs. Acquisition - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

Each of the 50 states has its own definition of what constitutes a reportable data breach. For some, it requires “unauthorized access” to personal information. For others, it requires “unauthorized acquisition.” And then,...more

Understanding Breach Notification Obligations Under California Law: What Does the CCPA Require? - Dear Mary – Incidents +...

‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more

SEC Issues Additional Guidance Regarding Cybersecurity Incident Disclosure

On June 24, the staff of the U.S. Securities and Exchange Commission's (SEC) Division of Corporation Finance (Division of Corporation Finance) released five new Compliance & Disclosure Interpretations (C&DIs) relating to the...more

Preserving Forensic Artifacts Following Incident Detection - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more

Can Vendors Notify Affected Individuals on Behalf of Businesses After a Data Breach? - Dear Mary – Incidents + Investigations...

‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more

How to Respond When Your Service Provider Suffers a Cyberattack - Dear Mary – Incidents + Investigations Cybersecurity Advice...

‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more

The Team Continues to Grow: A Conversation With Our Newest Colleague, Kaitlin Clemens — Unauthorized Access Podcast [Audio]

In the latest episode of Unauthorized Access, host Sadia Mirza welcomes Kaitlin Clemens, the newest member of Troutman Pepper's Incidents + Investigations team. Kaitlin shares her journey into incident response and...more

Understanding Regulatory Response Times Following a Cybersecurity Incident - Dear Mary – Incidents + Investigations Cybersecurity...

‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more

Does Every Incident Require a Forensic Report? - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more

Texas AG Launches Data Privacy Team

On Tuesday, Texas Attorney General (AG) Ken Paxton announced the creation of a team dedicated solely to the prosecution and enforcement of Texas’ privacy laws. The team will focus on handling cases under at least seven...more

Director of Division of Corporation Finance Issues Guidance on Disclosure of Cybersecurity Incidents under Form 8-K

On May 21, 2024, Erik Gerding, the director of the Division of Corporation Finance of the Securities and Exchange Commission (SEC), released a statement containing guidance for public companies regarding the disclosure of...more

Should Companies Conduct Their Own Forensic Investigations? - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more

Caregivers in Cybersecurity — Unauthorized Access Podcast [Audio]

Unauthorized Access, our privacy and cybersecurity-focused podcast, spotlights the human side of the cybersecurity industry. In this episode, Sadia welcomes Sherri Davidoff, CEO of LMG Security, to discuss the challenges and...more

California AG Announces Second CCPA Settlement, Asserting DoorDash Failed to Deliver Privacy (UPDATE)

In a recent alert, we reported that California Attorney General (AG) Rob Bonta announced a settlement with DoorDash over allegations that the company violated the California Consumer Privacy Act (CCPA) and the California...more

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