Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Individual Liability and Criminalizing Cybersecurity Response
Cyberattacks, data breaches, ransomware — these are now the stuff of corporate and boardroom discussion. Hardly a day goes by without a reminder of the centrality of cybersecurity to business and government. In one of many recent headlines, the country's largest oil and gas pipeline system, Colonial Pipeline, was the target of a cyberattack in 2021 and a demand for a $4.4 million ransom, which was paid with the support of federal authorities. War in the Ukraine has heightened already intense concern about the vulnerability of critical infrastructure to cyberattacks.
To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. States have enacted laws that require organizations to report incidents of data theft "expeditiously" to state authorities and individuals adversely affected. In addition, public companies are required to disclose information about data breaches when such information is material to investors.
Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach. In United States v. Sullivan, Case No. 3:20-cr-00337-WHO (N.D. Cal.), the defendant, a former employee of Uber Technologies (Uber), has been charged with wire fraud and other offenses that arise from his handling of a ransomware attack against Uber in 2016. While Uber settled potential civil charges with state attorneys general and the Federal Trade Commission (FTC), Uber was not charged criminally.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.