Jawbone alleges that “beginning in early 2015, Fitbit recruiters contacted an estimated 30 percent of Jawbone’s workforce” and “Fitbit’s objective is to decimate Jawbone.” The New York Times reported that Jawbone is ‘…accusing its rival of “systematically plundering” confidential information by hiring Jawbone employees who improperly downloaded sensitive materials shortly

Continue Reading IoT Wearables Lawsuit! Jawbone Accuses Fitbit of Stealing Trade Secrets

Facebook complained that it “doesn’t make sense that 28 regulators should make different interpretations of the same law” reported by the New York Times, that “France, Germany, Spain, the Netherlands and Belgium — are investigating Facebook’s new privacy settings.”  The report went to say that Facebook “says it complies with

Continue Reading Facebook Privacy Settings Challenged in the EU


Too many companies merely accept click agreements for Cloud services without considering what they are committing to, but there are at least 3 terms that cause major problems including “Access to Data, Privacy, and Audits” as I explain in my May 2015 monthly column at eCommerce Times entitled “The

Continue Reading Don’t Click “I Agree” for Cloud Services without Considering these Top 3 Cloud Contract Terms!


The Connecticut Supreme Court ruled that IBM was not entitled to insurance for magnetic tapes that fell off a truck since there was “no evidence that anyone ever accessed the information on the tapes or that their loss caused injury to any IBM employee.”  In the case of Recall Total

Continue Reading No “Publication” of IBM’s Lost Employee Data, So No Cyberinsurance Coverage


Although not related to any cyberintrusion, a recent ruling related to cyber coverage involved a claim filed was that the defendants “knowingly withheld this information and refused to turn it over” but the “policy covers errors, omissions, and negligent acts.”  On May 11, 2015 US District Judge Ted Stewart (Utah)

Continue Reading Court Rules No Cyberinsurance Coverage


No surprises about where cyberattacks are focused as reported recently that about 45% of IT security decision makers are worried about “phishing attacks, and employees clicking on links within email which download malware and email attachments which download malware.”  In April 2015 Osterman Research issued its “Best Practices for

Continue Reading Phishing and Malware Cyberattacks are Directed at Law Firms (and Clients) – So it’s Time to Train Employees


I have always thought HIPAA (Health Insurance Portability and Accountability Act of 1996)  was a huge waste of time, money, and resources which was confirmed by a May 2015 Survey which estimates “that data breaches could be costing the industry $6 billion” and more “than 90 percent of

Continue Reading Are HIPAA Laws Effective? Must Not be Since Healthcare Cyberattacks Have Increased by 125% in the Past 5 Years!


InfoWorld’s recently reported that no one is safe, neither lawyers nor clients because in “today’s threatscape, antivirus software provides little piece of mind,…and hackers still reach us on a regular basis.”   The recent Infoworld Deep Dive Report is entitled “11 signs you’ve been hacked — and how to fight

Continue Reading Oh No! Your Lawyer’s Been Hacked (Probably You Too!) – 11 Sure Signs of Hacking and What to do!


On April 24, 2015 I gave a Keynote speech about “Ethical Concerns about Cyber Threats and the Internet” at the Oregon Law Review Symposium on Disruptive Innovation in Law and Technology.  The same day my Oregon Law Review article was published and I encourage you to read “The

Continue Reading Disruptive Innovation in Law and “The Future of Legal Education: Preparing Law Students to Be Great Lawyers”