If preparation is the key to success, then the Department of Justice is handing keys out left and right. The DOJ has compiled a list of best practices for how to handle cyber incidents. As abundant as these risks have been of late, organizations ought to be planning for the eventuality that they will come under attack by cyber criminals. Is your...

Following significant security breaches, the public calls for greater security, but it comes at the expense of privacy. When that privacy is violated, the pendulum swings the other way, away from absolute security in favor of greater privacy. The concepts seemingly cannot coexist, though we need both. So where does that leave us? Attorneys from Bracewell & Giuliani explore the issue.

Between 2008 and 2010, Wyndham was subject to three data breaches, exposing more than 600,000 of its consumers and leading to millions in fraud loss. Its shareholders filed action against the Board earlier this year, alleging negligence, and a decision (dismissal) was reached in late October. Though Wyndham's leadership was not ultimately held liable in this case, there's much to be learned...

On the surface, asset forfeiture sounds like a noble practice: disincentivize crime by confiscating the fruits of criminal conduct. Wonderful! I think we can all get on board with that notion. Put the laws into practice, however, and things can get a bit sticky. Asset forfeiture can impact both the perpetrators and the innocent connected to the criminal either personally or professionally.

The data breach at Target last November has been widely publicized and widely criticized. The corporation was aware of intrusions in its software, but failed to respond. And the results for the company – one of the nation’s largest retailers – have been disastrous, as evidenced by the tens of millions of dollars the company has already shelled out in its response...