“For the third time in seven years” the DC Circuit Court of Appeals was confronted with “net neutrality—the principle that broadband providers must treat all internet traffic the same regardless of source”  and the New York Times’ article about the June 14, 2016 ruling says it all – “Court

Continue Reading NET NEUTRALITY: The Internet is a public utility ruling headed to the Supreme Court which doesn’t get the Internet!

I will moderate this important live TexasBarCLE webcast on June 21, 2016 with Thomas Petrowski (Chief Division Counsel from the Dallas Office of the Federal Bureau of Investigation), Edward Block (Chief Information Security Officer at the Texas Department of Information Resources), and Ken Orgeron (Chief Information Officer at

Continue Reading WEBCAST: Cyber Risk for Clients and Lawyers


Darkreading recommended that an IR team should include “outside legal counsel that possess specialized experience in cybersecurity and data breach responses” and key stakeholders from all applicable areas of the organization, such as Legal, HR, Executive Management, PR/Communications, Information Technology”…as well as third party vendors.  The June 7, 2016 report

Continue Reading Experienced outside counsel should be part of your Incident Response Plan (IRP) for cyber intrusions!


Following a report about cybersecurity breaches by Reuters the House Committee on Science, Space and Technology sent a letter to Fed Chair Janet Yellen that  these “reports raise serious concerns about the Federal Reserve’s cyber security posture, including its ability to prevent threats from compromising highly sensitive financial information housed

Continue Reading Report of 50 cyber breaches since 2011 leads congress to investigate cybersecurity at the Federal Reserve!


Businessinsurance.com reported that a federal court ruled that P.F. Chang’s cyber policy covered “direct loss, legal liability, and consequential loss resulting from cyber security breaches” but “Chang’s and other merchants are unable to process credit card transactions themselves and must enter into agreements with third parties.”  My friend Judy Greenwald’s

Continue Reading Bad news for P.F. Chang -Court rules that all claims for 2014 data breach are not covered under its cyberinsurance!


A recent IT network report indicated that “Top-tier organizations are also much less tolerant of silos – either in their tools or in their teams”  and “are four times as likely to invest in machine-readable threat intelligence.” The 2016 Network Protection Survey from Infoblox reported the “estimate the cost of

Continue Reading Cyber security & cooperation improves with elimination of IT network silos!


My Guest Blogger Eric Levy is a senior attorney in Gardere’s Trial Practice Group who specializes in complex litigation with a focus on technology and Internet eCommerce related issues.

Over the next few months, the Office for Civil Rights (OCR) will begin the second phase of its HIPAA audit program

Continue Reading GUEST BLOG: HIPAA Compliance Audits, Round 2 – Are You Ready to Rumble?


A recent survey of 2,200 Information Security Community professionals indicated that concerns “about legal and regulatory compliance have seen the biggest gain, moving from the number 7 spot (24%) to number 4 (39%)” and that 49% believed that “one of the major barriers to cloud adoption is the fear of

Continue Reading Legal risk moved to 4th biggest cloud security concern!


All cloud customers should ask their cloud providers critical questions about the SLAs which describe the performance standards they think they are signing up for.  However customers may want to reconsider which cloud provider they should use if the cloud provider doesn’t give good answers to these SLA questions offered

Continue Reading 13 critical questions about Service Level Agreements (SLAs) to ask your cloud provider


With a possible sentence of 20 years in prison for hacking for a trial set for June 28, 2016 the US Attorney commented about the indictment that “IT administrators often hold the ‘keys to the kingdom’ for companies, … Disgruntled IT administrators can therefore pose a grave threat to businesses

Continue Reading IT administrator with ‘keys to the kingdom’ indicted for hacking former employer