Lewis Roca Blog

Plaintiffs’ counsel have developed a new weapon in their arsenal for privacy litigation involving tracking pixels:  Arizona’s “Telephone, Utility and Communication Service Records Law,” A.R.S. § 44-1376 et seq. 

The Arizona Court of Appeals affirmed a jury verdict that imposed 100% liability on an escrow agent for a wire transfer it sent to a cybercriminal/imposter and attributed no fault to the imposter or the party whose systems were compromised by the imposter. Cybersecurity practitioners and Arizona litigators should take note of the decision and its potential implications.

In Mago v. Arizona Escrow & Financial Corp., the plaintiff (“Mago”) had contracted to purchase a Subway franchise from the prior owners (the “Sellers”). The escrow agent for the deal was Arizona Escrow (the ...

The National Credit Union Administration (NCUA) approved a final rule that will require any Federally-Insured Credit Union (FICU)—including federally chartered corporate credit unions and federally insured state-chartered corporate credit unions—to report certain cyber incidents to the NCUA as soon as possible, and no later than 72 hours, after it “reasonably believes” it has experienced a reportable incident. The rule, which adds a new subsection (c) to 12 CFR Part 748.1, goes into effect September 1, 2023.

In issuing its new rule, the NCUA attempted to closely ...

The investigation is focused on retail, travel, and food service apps that either do not honor consumer opt-out requests or do not provide the appropriate mechanisms for consumers to stop the sale of their data.

The best time to respond to a ransomware attack was yesterday, but the second-best time to start responding is today. Study after study over the past year has confirmed that having a plan in place in the event of a data breach and ransomware attack can save you and your company millions. Every employer has a fire evacuation plan and drills they run, and this is no different.

A widely reported flaw in popular software known as Log4j poses a severe cybersecurity threat to organizations around the globe, with hundreds of millions of devices at risk.

FireEye, Inc., a leading U.S. cybersecurity firm, recently disclosed that it had been hacked by a nation-state actor. The company has since revealed that the hack was likely perpetrated, in part, through an ongoing compromise of “Orion” IT monitoring and management software offered by SolarWinds Worldwide, LLC.

According to recent reports, cloud hosting and IT services provider Netgain, which bills itself as “the industry standard for secure and scalable IT-as-a-Service (ITaaS) for accounting and healthcare,” has been forced to take some of its data centers offline after suffering a recent (and potentially ongoing) ransomware attack.

Since January, the COVID-19 pandemic has altered the global economy, leading to even greater cybersecurity threats as more and more people are connecting remotely. Indeed, the FBI has reported a 300% increase in the number of daily complaints submitted to its Internet Crime Complaint Center (IC3) during the pandemic.

Cybercriminals are exploiting the vulnerability of the healthcare community affected by COVID-19, an increase in teleworking and the need by medical professionals to stay current on coronavirus information.