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Articles by Seth Berman
Mitigating legal risk while AI laws play catch-up
Seth P. Berman is partner and lead of the privacy and data security practice at Nutter McClennen & Fish. Views are the author’s own. Government is playing catch-up when it comes to artificial intelligence, but even in the absence of AI-specific rules, organizations face a legal minefield as they deploy AI in their workflows. Expect regulators and litigators to use existing laws to pursue what they see as corporate wrongdoing when it comes to AI.
Disease Symptomology, Quality of Life (QoL), and Employment Status Among Patients with Systemic Mastocytosis (SM)
The Indolent SM-Standard Assessment Form (ISM-SAF© Blueprint Medicines) is a newly developed, reliable and valid 12 item tool for assessing disease symptoms among ISM patients. Understanding how severity of SM symptoms, measured by ISM-SAF total symptom score (TSS), affects other areas of patient functioning and well-being is critical.
Step Carefully: Protecting Data Breach Expert Reports from Discovery | JD Supra
In order to provide legal advice to clients in the aftermath of a hacking, lawyers must rely on digital forensics investigators to understand the nature and scope of the breach. Corporations also use this type of information to stop the attack and improve their security.
Risks for AI Medical Device Makers Under FDA’s New Action Plan
Artificial intelligence (AI) is “adaptive,” meaning that it continuously learns algorithms. For this reason, it is sometimes referred to as machine learning (ML). Newly designed medical devices that incorporate AI/ML by definition do not have a final “locked” or fixed design capable of a single review by the Food and Drug Administration. The FDA’s stance on a regulatory framework for AI/ML software as a medical device is continuously evolving.
Code Red: The FDA’s Artificial Intelligence/Machine Learning Action Plan Poses Potential Risks for Medical Device Makers | JD Supra
"The gathering and transmitting of personal data represents a major cyber threat to medical devices and must be extremely carefully thought through." Q: The FDA’s stance on a regulatory framework for artificial intelligence and machine learning (AI/ML) software as a medical device is continuously evolving. Could you explain the history? A: Artificial intelligence (AI) is “adaptive,” meaning that it continuously learns algorithms.
Ransomware: It’s Time to Stop Negotiating
As unpleasant an option as it is, victims of ransomware attacks often just pay up in order to recover sensitive data. Nutter’s Seth Berman and James Gately offer an alternative. Ransomware attacks hit suddenly and without apparent warning. One morning, your computers don’t function. You quickly realize you’ve been hacked: Your data has been stolen and your servers, along with all your crucial data, have been encrypted. In short, your business is crippled.
FBI Warns of Upcoming Major Ransomware Attacks | JD Supra
Yesterday officials from the FBI, U.S. Department of Homeland Security, and Cybersecurity and Infrastructure Security Agency issued a joint alert that the agencies possessed “credible information of an increased and imminent cybercrime threat to U.S. hospitals and healthcare providers.” The alert warns that Trickbot, a form of malware that has been in use since about 2016, has become a regular trojan for a strain of ransomware called Ryuk developed by an eponymously named group of...
Data Security Year in Review | JD Supra
October marks the seventeenth annual National Cybersecurity Awareness month in the United States and provides an opportune moment to take stock of an extraordinary year. The past year has seen a rise in high-profile data incidents, an increase in enforcement actions, and an overall intensification in efforts to confront these threats. This alert highlights three significant developments in 2020: First, cybercriminals have grown more conspicuous—and more purposeful—in their attacks.
Treasury Department Warns of Potential Sanctions to Organizations Paying to Resolve Ransomware Attacks | JD Supra
Ransomware attacks – cyber attacks in which the hackers encrypt and disable an organization’s computers and demand a ransom to provide the decryption key – continue to hit organizations throughout the country. Perhaps even more worrisome, the size of the ransom demands has grown substantially – multi-million dollar asks are now common – and appear to be based on the attacker's research into how much a particular company can afford to pay.
European Court of Justice Strikes Down Privacy Shield | JD Supra
The European Court of Justice (ECJ) struck down the Privacy Shield – the legal mechanism that allowed many small and medium sized companies to transfer personal data from the European Union to the United States without violating the European Union’s General Data Protection Regulation (GDPR).
Moving Forward to the New Normal: 10 Key Questions About Digital Contact Tracing Applications | JD Supra
Just as the terrorist attacks of September 11, 2001 fundamentally changed our approach to national security, the COVID-19 pandemic of 2020 will fundamentally alter our approach to public health. September 11th caused us to abandon significant privacy in order to ensure national security.
Critical Privacy Law Update for Food and Beverage Brands: California Consumer Privacy Act Enforcement Begins on July 1 | JD Supra
In the middle of a pandemic that has upended the food and beverage industry – causing surging demand for some products and devastating others – the last thing anyone wants to deal with is a new regulatory regime. However, the California Attorney General declined to delay the scheduled July 1, 2020 start of enforcement of the California Consumer Privacy Act of 2018 (“CCPA”), the most comprehensive privacy law in the United States.
The CCPA’s Enforcement Date is Fast Approaching – Are You Ready? | JD Supra
The California Attorney General will soon begin to fully implement the California Consumer Privacy Act of 2018 (“CCPA”), the most comprehensive privacy law in the United States. The CCPA grants California residents new privacy rights and regulates businesses that obtain or process the personal data of California residents. It also gives consumers a private right of action for a data breach and grants new enforcement power to the Attorney General.
COVID-19 Security Alert: 10 Reminders for Employees Working Remotely | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The SHIELD Act: NY’s Expanded Security Requirements and Data Breach Notification Law Asks More of Businesses (and not just those in New York) | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19 and Its Impact on Data Privacy and Security | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New CCPA reveals trends of data protection legislation to come
While the turn of the New Year is most often associated with champagne toasts and short-lived personal resolutions, this just-past January 1st took on special significance for privacy professionals and business as it marked the effective date of the highly-anticipated California Consumer Privacy Act. Passed in 2018, the CCPA gives California residents more control over their online data than any other consumers in the country.
INSIGHT: Hackers Can Wreak Havoc on Medical Devices, But Manufacturers Can Fight Back
The health-care industry has undergone a seismic shift, as medical devices moving to the Internet of Things have proliferated. These innovations offer increased benefits to patients, but they also present potential hazards for medical device makers in the realm of cybersecurity. Connected medical devices routinely record sensitive health information about a patient. This critical real-time access to information gives these devices an edge over older models.
INSIGHT: Hackers Can Wreak Havoc on Medical Devices, But Manufacturers Can Fight Back
The health-care industry has undergone a seismic shift, as medical devices moving to the Internet of Things have proliferated. These innovations offer increased benefits to patients, but they also present potential hazards for medical device makers in the realm of cybersecurity. Connected medical devices routinely record sensitive health information about a patient. This critical real-time access to information gives these devices an edge over older models.
Seth Berman Serves as Advisory Board Chair of the Boston Bar Privacy & Cybersecurity Conference
Seth Berman, a partner in Nutter’s Litigation Department and leader of the firm’s Privacy and Data Security practice group, is serving as the advisory board chair for the Boston Bar Privacy & Cybersecurity Conference. Seth will also be a panelist during the “Privacy Risk & Litigation” session. With the California Consumer Privacy Act going into effect in 2020, the regulatory landscape of privacy law will change dramatically and will pose new challenges for practitioners.
Code Blue: Cybersecurity Vulnerabilities for Medical Device Makers Require Urgent Care | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Emailing: Does Your Message Live Up To The Medium?
by Seth Berman , April 12, 2013 Moms may be pressed for time, but they still fit a lot of communication into their busy schedules. Not only are they sending plenty of bite-size texts and tweets throughout the day, they’re writing and reading emails … a lot! According to our soon-to-be-released 21st Century Mom 2013 Social Mom Report, email still plays a big part in the lives of moms.
Beware Of The Fine Print
Seth Berman, Partner, Nutter As the frequency of data breaches continues to skyrocket, the cyber insurance market has exploded too. Indeed, cyber insurance is now as important to a company’s cyber defence strategy as firewalls, strong passwords, and well-thought-out incident response plans. However, buying cyber insurance is not nearly as simple as buying other types of corporate insurance policies.
Preparing for the Inevitable: It’s Time to Begin Planning for the CCPA | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Year in Review: The SEC and Cybersecurity
Subscribe Home » Year in Review: The SEC and Cybersecurity Security Leadership and ManagementManagementPhysicalPhysical SecurityVideo Surveillance In the wake of many cybersecurity breaches, SEC's aggressive agenda demonstrates that cybersecurity management is vital to U.S. public companies and capital markets.
Will the US Adopt a National Privacy Law?
Probably not before the 2020 election. But keep an eye on this Congress as legislators debate how to define personal data and what limits to place on how companies use it. As we approach the one-year anniversary of Europe's General Data Protection Regulation (GDPR), Congress is again considering whether the United States should join Europe (and most major economies) by adopting some form of national data privacy and security regulation.
Fintech in Brief: SEC Staff Provides Additional Clarity on Digital Assets as Securities | Lexology
Earlier this month, the Securities and Exchange Commission (“SEC”) provided additional guidance on digital assets, which include “tokens” and “coins.” The SEC’s Strategic Hub for Innovation and Financial Technology (“FinHub”) published a framework for analyzing whether digital assets are offered and sold as “investment contracts” and, therefore, “securities” under the federal securities laws.
Changes to Massachusetts Law on Security Breaches | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
IO’s Impact On Strategic Decision-Making In The Broader Oncology Landscape
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How to Structure Your Organization’s Cybersecurity Management | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Bringing the Fourth Amendment into the Digital Age: Implications of Carpenter v. United States | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
GDPR in the U.S.: Be Careful What You Wish For
The current attention on the Facebook/Cambridge Analytica scandal has caused numerous commentators to suggest that the United States should adopt a law modeled after the European Union’s General Data Protection Regulation (GDPR), which goes into effect on May 25, 2018. Indeed, even Facebook itself offered to provide its American users with the same protections provided for its European users.
GDPR in the U.S.: Be Careful What You Wish For
The current attention on the Facebook/Cambridge Analytica scandal has caused numerous commentators to suggest that the United States should adopt a law modeled after the European Union’s General Data Protection Regulation (GDPR), which goes into effect on May 25, 2018. Indeed, even Facebook itself offered to provide its American users with the same protections provided for its European users.
How Community Banks Can Overcome Cybersecurity Paralysis
Cyberattacks are becoming ever more frequent and are targeting an ever growing number of institutions. Though banks have long been in the forefront of cybersecurity preparation, they continue to be top targets of cyber criminals. This can be a particular risk for community banks who may not perceive themselves as targets on the same scale as global banks.
Breaches and the Boardroom: How Directors Can Avoid Liability for Data Breaches | JD Supra
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Data Breaches And The Boardroom
Data breaches and ransomware attacks are increasing every day and often have a huge impact on a company’s finances, market value and reputation. In fact, a 2016 Forbes article indicated that cyber attacks cost companies $400 to $500 billion a year. For this reason, it is now widely accepted that boards of directors must take responsibility for their companies’ cybersecurity. Gone are the days of passing the cybersecurity buck solely to the CISO, CIO or the IT department.
Cryptojacking: Back to the Future
A new kind of hacking is in the news - cryptojacking. Redlock, a security research firm, recently revealed that Tesla's servers had been hijacked by hackers who used Telsa's computing power to mine for cryptocurrencies. A few days later, we learned that the LA Times had also been victimized in a similar incident. Indeed, Redlock estimated that eight percent of firms have experienced a cryptojacking incident - a number that seems certain to increase.
Bitcoin and Blockchain: What Will survive If the Bubble Bursts?
This past year has seen Bitcoin and other cryptocurrencies rise to dizzying valuations—Bitcoin, for example, rose 1500% in a year. In the last few weeks, the market for cryptocurrencies has become extremely volatile. Bitcoin has gained or lost more than 20% of its value over the course a few trading days multiple times. It is currently trading at about 70% below its peak value of only a few weeks ago.
How Community Banks Can Overcome Cybersecurity Paralysis | JD Supra
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Meltdown and Spectre Vulnerabilities: New Year, New Cyber Threat
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Cyber Criminals Take Uber for a Ride
The near-daily reports of massive hacking incidents continue to demonstrate a shocking level of corporate incompetence. In September, we learned of the Equifax breach, which was breathtaking both in its scope and in Equifax’s disorganized response. In October we heard about the “Paradise Papers” breach of a Bermuda law firm, revealing details of how the super-rich avoid paying taxes. In November, we first heard about a breach at Uber that had actually occurred more than a year earlier.
How Cyber Criminals Took Uber for a Ride
The nearly daily reports of massive hacking incidents continue to demonstrate a shocking level of corporate incompetence. In September, we learned of the Equifax breach, which was breathtaking both in its scope and in Equifax’s disorganized response. In October we heard about the “Paradise Papers” breach of a Bermuda law firm, revealing details of how the super-rich avoid paying taxes. In November, we first heard about a breach at Uber that had actually occurred more than a year earlier.
GDPR Compliance: Think It Doesn’t Apply to You? Think Again: Insights from Nutter’s Seth Berman
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Wire Fraud Scams and Corporate Email Attacks: Beware of Tricks, Not Treats, During Cyber Security Awareness Month
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Already signed up? Log in here By using the service, you signify your acceptance of JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources.
Richness of exposed data makes Equifax breach among worse ever
News of the Equifax breach has been buried by the wall to wall media coverage of Hurricane Irma and, perhaps, by the fact that we have all become inured to reports of yet another major hacking of financial data. This is a mistake. The Equifax breach appears to be far worse than previous breaches, with potential consequences of a totally different order of magnitude than the prior mass corporate hacks.
The Value of Data, Part 1: Using Data as a Competitive Advantage
27 Feb 2015 Data is incredibly valuable. It helps create superior products, it forms a barrier to entry, and it can be directly monetized. This post is the first in a 3-part series about building companies that leverage the value of data. 3-Part Series Part 1: An explanation of why data is becoming increasingly valuable + a catalog of ways in which data creates competitive advantages. [this post] Part 2: How to accumulate data + pitfalls to be aware of.
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