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Trump to Tap Jones Day Litigator to CPSC as GOP Eyes Majority

Sept 22nd 2017 President Donald Trump plans to nominate Dana Baiocco, a partner at Jones Day in Boston, to the Consumer Product Safety Commission, the White House said in a statement Sept. 21. Baiocco, a product liability and regulatory compliance attorney, has defended Vibram USA, Honeywell Safety Products, and Yamaha in high-profile litigation, according to the firm’s website. If the nomination proceeds and Baiocco is confirmed by the Senate, she’ll take the seat held by Commissioner Marietta Robinson, whose term expires in late October. Robinson is part of a 3-2 Democratic majority on the commission. A Trump administration appointment here would give the edge to Republicans. Baiocco obtained an undergraduate degree in journalism from Ohio University in 1988 and her J.D. from Duquesne University in 1997, according to the Jones Day website. She clerked for Judge Gustave Diamond of the U.S. District Court for the Western District of Pennsylvania from 1996-98, according to
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Equifax May Be Happy to Spend $1 Per Customer for Their Trouble

September 20, 2017 Equifax Inc. could get away with paying a mere $1 per person after failing to protect almost half of America’s credit data. While the 118-year-old credit-reporting firm has been hit with more than 100 consumer lawsuits over its massive security breach, legal experts say there’s room for a deal because neither side has a slam-dunk case. A global settlement of about $200 million is plausible, said Nathan Taylor, a cybersecurity lawyer with Morrison Foerster LLP in Washington. That’s a projection based on the $115 million Anthem Inc. agreed to pay in June — setting a U.S. record — to resolve claims that it didn’t protect a smaller number of people from a 2015 criminal hack that stole similarly sensitive information, Taylor said. With lawyers collecting as much as a third of any payout, the company may end up spending an average of less than $1 per person for credit monitoring and out-of-pocket expenses for 143 million Equifax consumers whose data was comprom
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Hackers May Have Profited From SEC Corporate Filing System Attack

The vulnerability of governments and businesses to cyberattacks was exposed again Wednesday when a top U.S. financial regulator said hackers had breached its electronic database of market-moving corporate announcements, and may have profited from the information they stole. The hack of an aspect of the U.S. Securities and Exchange Commission’s Edgar filing system occurred last year, the regulator said in a  statement . While the SEC has been aware of the breach since 2016, it wasn’t until last month that the agency concluded that the cybercriminals involved may have used their bounty to make illicit trades. The regulator disclosed the intrusion for the first time Wednesday. Edgar houses millions of filings on corporate disclosures ranging from quarterly earnings to statements on mergers and acquisitions. Infiltrating the SEC’s system to review announcements before they are released publicly would serve as a virtual treasure trove for a hacker seeking to make easy money. SEC Ch
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Beneath the surface of a cyberattack

A deeper look at business impacts Do leaders accurately gauge the impact a cyberattack can have on their organization? Do common assumptions about the costs and recovery process associated with data breaches paint a clear picture? This paper considers—in financial terms—the broad and extended business impact of cyberattacks, including both direct and intangible costs. Assumptions can be misleading Common perceptions about the impact of a cyberattack are typically shaped by what companies are required to report publicly—primarily theft of personally identifiable information (PII), payment data, and personal health information (PHI). Discussions often focus on costs related to customer notification, credit monitoring, and the possibility of legal judgments or regulatory penalties. But especially when PII theft isn’t an attacker’s only objective, the impacts can be even more far-reaching. What does a cyberattack really cost? Regulatory fines, public relations co
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Hello Kenya, The EnglishPoint Marina - An Aerial Tour

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The Risk of Border Searches for Lawyers (Perspective)

Editor’s Note:   The author is the Louis Stein Chair at Fordham Law School, where he directs the Louis Stein Center for Law and Ethics . By Bruce A. Green, Fordham Law School The public is accustomed to traveling, including internationally, with electronic devices (cell phones, laptop computers, etc.) that potentially store, or provide access to, vast amounts of personal information. As the Supreme Court recognized in a 2014 decision,  Riley v. California , a cell phone holds “detailed information about all aspects of a person’s life,” and consequently “a cell phone search would typically expose to the government far more than the most exhaustive search of a house: . . . a broad array of private information never found in a home in any form – unless the phone is.” Lawyers in particular have grown accustomed to traveling not only with their own information but with clients’ information – attorney-client emails, documents relating to legal representations, etc. Lawyers traveling i
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Phones for VW Lawyer, Emissions Tester Were Lost or Wiped Clean

September 1, 2017 By Ryan Beene and Margaret Cronin Fisk, Bloomberg News Volkswagen AG’s top U.S. lawyer and the leader of its emissions-testing lab in California are among the employees whose mobile devices were either lost or erased as the company’s diesel cheating scandal emerged, according to court records made public on Thursday. David Geanacopoulos, VW Group of America’s senior vice president for public affairs and public policy, reported he lost his phone while en route to Los Angeles International Airport on Dec. 1, 2015, according to the records. He was VW of America’s general counsel at the time. The documents also show that the company cell phones of Anna Schneider, VW’s senior vice president of industry and government relations, and Matthias Barke, senior director of VW’s emissions test center in Oxnard, California, were “wiped” or erased of data in the months after the U.S. Environmental Protection Agency announced VW had rigged its vehicles to pass pollution tes
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