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Bill is widely recognized as an accomplished and successful trial attorney. He has substantial experience with matters involving environmental law, mass torts, class actions, defense of enforcement actions by federal and state agencies, and insurance coverage and cost recovery actions. Bill has extensive experience trying and winning cases involving complex, scientific issues in civil and criminal trials in federal and state courts, administrative hearings, and arbitrations throughout the country.

In the unfortunate event that your privacy has been breached and personal images have been stolen, there are several steps that can be taken to have this content removed from the internet. It is important that the following processes are initiated quickly. Once content is on the internet, it can spread quickly and make this process much more difficult and time consuming.

Here is a brief example to show how quickly an image can spread, increasing the difficulty in removing
Continue Reading Phone Hacked? Personal images stolen? 3 Essential Tips to Help You Respond Quickly

The Network Penetration Reporting and Contracting for Cloud Services Rule was the subject of two interim rules published Aug. 26, 2015 (80 FR 51739) and Dec. 30, 2015 (80 FR 81472), before being published as a final rule Oct. 21, 2016 (81 FR 72986), and clarified by DoD through answers to Frequently Asked Questions (FAQs), published Jan. 27, 2017.

The Rule requires that contractors “implement NIST SP 800-171, as soon as practical, but
Continue Reading Small Defense Contractors – Are You Ready For NIST SP 800-171?

Here are three takeaways for your business from the Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure signed on May 11, 2017.

1. Incorporate the NIST Cybersecurity Framework into your business.

The Executive Order requires federal agencies to use the well-established NIST Cybersecurity Framework to fulfill their mission to protect federal networks and critical infrastructure and to appropriately plan for and procure cybersecurity training, products, and services for the future.

As background, the Framework was

Continue Reading Three Takeaways for Your Business from President Trump’s Executive Order on Cybersecurity

A new cyberattack, that is very similar to the WannaCry ransomware virus, is spreading across Europe. Taft’s Technology group is closely monitoring the situation and has prepared the following short summary of questions and answers about ransomware attacks, which in effect locks out users from accessing their files unless a ransom is paid via bitcoin.

Q: I have been hit with a ransomware attack, what are my options?

A: You can pay the ransom with the hopes of getting your
Continue Reading Q&A: Ransomware Attack

Guides and best practices against cyber-attacks often provide only the illusion of security. In an attempt to turn that illusion into reality, the National Cybersecurity Center of Excellence at the National Institute of Standards and Technologies (NIST) intends to create a lab environment to simulate, test, and address cybersecurity problems for robotic-based and chemical manufacturing processes through standards-based solutions using commercially available software.

The intent is to produce a series of NIST Cybersecurity Practice Guides for four cybersecurity capabilities for
Continue Reading Can You Prevent Cyber Attacks to Industrial Control Systems for Advanced Robotic-Based and Chemical Manufacturers with Off-the-Shelf Software and NIST Guidelines?

DOD New Cybersecurity regulationsThe US Department of Defense’s (DoD) new cybersecurity regulations require defense contractors to cooperate with Government support services contractors investigating a “cyber incident that affects a covered contractor information system or the covered defense information residing therein or that affects the contractor’s ability to provide operationally critical support.”  DoD’s Defense Industrial Base Cybersecurity Activities Final Rule, 32 CFR 236.4(b), (m)(5) (effective Nov. 3, 2016); Response to Public Comments, 81 FR 68312 (Oct. 4, 2016).

It doesn’t take much imagination to
Continue Reading DoD’s New Cybersecurity Regulations: How to protect yourself when a Government support services contractor wants to inspect your data and devices

Savvy in-house counsel and business owners termsoften ask are whether the insurers selling cyber policies actually pay claims or whether the policyholders are just buying the right to later sue the insurers for coverage.  The initial wave of cyber insurance litigation involved policyholders trying to obtain coverage for data breaches under their standard commercial general liability policies.  This produced mixed results with some courts finding coverage, while others did not.  The next wave of cyber insurance litigation involved policyholders asserting
Continue Reading Cyber Insurance: Travelers Required to Defend Healthcare Records Storage Company From Class Actions

The new DoD cybersecurity regulations require contractors to implement the security requirements specified by the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” not later than Dec. 31, 2017. DFARS, 252.204-7008(c)(1).

However, a contractor may propose to vary from the NIST SP 800-171 requirements under two circumstances. Under DFARS 252.204-7008(c)(2), a contractor may propose to vary from the security requirements specified by NIST SP 800-171 through a
Continue Reading Will the New DoD Cybersecurity Regulations Cause a New Wave of Protest Disputes?

Indiana law does not grant consumers the right to sue Anthem or any other data base owner for negligence following a data breach, according to the federal judge presiding over the Anthem data breach multi-district litigation.  Order, In re Anthem, Inc. Data Breach Litig., No. 15-MD-2617 (N.D. Cal. Feb. 14, 2016).

Instead, Indiana law grants consumers only the right to be notified of the data breach without unreasonable delay.  Indiana Code § 24-4.9-3-1.  If notice is not properly given,
Continue Reading Data Breach Victims Have No Legal Remedies Under Indiana Law

The U.S. Department of Defense published its Network Penetration Reporting and Cloud Computing Services regulations as an interim rule in August 2015 and updated them in December 2015.  Watch this new webinar replay at your convenience to learn about the regulations, how they may impact your business, and the concerns of industry groups. Click HERE to watch the webinar in its entirety.

 
Continue Reading Webinar Replay Now Available on the New Defense Department Cybersecurity Rules