Writings by Fernando M. Pinguelo

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Key Lessons from Uber’s Record Data Breach Settlement

Uber Agreed to Pay a Record $148 Million to Settle Accusations that it Intentionally Concealed a Major 2016 Data Breach Uber Technologies, Inc. (Uber) agreed to pay a record $148 million to settle accusations that it intentionally concealed a 2016 data breach that exposed the personal information of 57 million riders and drivers. Uber reached […]

Author: Fernando M. Pinguelo

December 12, 2018

Uber

Cyber Sting Reveals Corporate Vulnerabilities to BEC Scams

The Department of Justice (DOJ) recently announced a global cyber sting operation that netted 74 arrests. The crackdown specifically targeted Business Email Compromise (BEC) scams, which pose a growing threat to businesses of all sizes. A BEC is when a hacker gains access to a corporate email account and spoofs the owner's identity to defraud the company or its employees, customers, or partners of money, etc.

Author: Fernando M. Pinguelo

July 5, 2018

New Jersey Creates New Data Privacy & Cybersecurity Enforcement Unit

New Jersey is stepping up its cyber enforcement. The Office of the Attorney General recently announced the creation of a new unit, the Data Privacy & Cybersecurity (DPC) Section, which is tasked with protecting the online privacy of New Jersey residents.

Author: Fernando M. Pinguelo

June 28, 2018

New Jersey

Could Your New Jersey or New York Business Fall Victim to Cryptojacking?

Businesses Are Increasingly Falling Victim to a New Cyber Scheme Known as Cryptojacking… Businesses around the world are increasingly falling victim to cryptojacking – a new cyber scheme where criminals hijack central processing unit (CPU) power from unsuspecting computer users to mine cryptocurrencies. The rapid evolution of cyber threats highlights the importance of regularly updating […]

Author: Fernando M. Pinguelo

June 20, 2018

Key Takeaways from the Latest DHS Cyber Strategy

So far this year, several private and public entities, including the City of Atlanta and Delta Airlines, suffered high-profile cyber-attacks. In its latest cybersecurity strategy, the U.S. Department of Homeland Security (DHS) is advocating increased information sharing as a means to prevent and address threats.

Author: Fernando M. Pinguelo

June 14, 2018

Department of Homeland Security

What Does SEC’s Yahoo Settlement Mean for Cyber Enforcement?

The SEC recently announced that it has reached a $35 million settlement with Altaba Inc. (formerly known as Yahoo! Inc.). The settlement resolves allegations that the company misled investors by failing to timely report its massive 2014 data breach. What does this settlement mean for cyber enforcement?

Author: Fernando M. Pinguelo

May 23, 2018

How Internal Cyber Audits Can Help Lower Your Company’s Cyber Security Risks

If your company does not yet conduct internal cyber audits to assess and manage your cybersecurity risks, it’s time to start. For those businesses that do, it is equally important to promptly address any vulnerabilities that are detected.

Author: Fernando M. Pinguelo

May 15, 2018

Business

What NJ Businesses and Consumers Need to Know About the Cloud Act

The recent enactment of the Clarifying Lawful Overseas Use of Data (CLOUD) Act likely escaped the attention of many businesses and consumers because it was part of the 2,232-page, $1.3 trillion omnibus spending bill signed into law on March 23, 2018. The new law modernizes U.S. data privacy laws and establishes a framework for cross-border data access by U.S. and foreign law enforcement.

Author: Fernando M. Pinguelo

April 19, 2018

CLOUD Act Moots Microsoft Data Privacy Case Before U.S. Supreme Court

Both Microsoft Corp. and the Department of Justice (DOJ) agree that their pending data privacy dispute, currently before the U.S. Supreme Court, is now moot. The DOJ withdrew the warrant at the center of the suit following the recent enactment of the Clarifying Lawful Overseas Use of Data (CLOUD) Act.

Author: Fernando M. Pinguelo

April 18, 2018

SCOTUS

Even as Data Breaches Continue to Increase, Obstacles Remain for Litigants Seeking to Pursue Securities Fraud and Derivative Suits

Despite focused media coverage and a steady increase in the number of data breaches involving public companies, there has not been a corresponding increase in shareholder securities fraud and shareholder derivative claims related to such breaches.

Author: Fernando M. Pinguelo

April 11, 2018

How Businesses Can Combat Cyber-Defamation

In the digital age, a few keystrokes can seriously impact a company’s reputation. Businesses, particularly those who operate online, must be prepared to defend against cyber-defamation. Damaging statements can occur on a range of platforms, including blogs, social media, online review sites, and website comment sections.

Author: Fernando M. Pinguelo

March 12, 2018

Defamation

Six Key Blockchain Legal Developments From 2017

The Growth of the Cryptocurrency Market in 2017 Has Prompted Additional Regulatory Scrutiny from the SEC Resulting in Several Blockchain Legal Developments The cryptocurrency market grew from nearly $18 billion to more than $450 billion in 2017. In addition, initial coin offerings (ICOs) raised $3.5 billion, compared to less than $300 million in all prior […]

Author: Fernando M. Pinguelo

January 17, 2018

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