PIT IP Tech Law Blog and Podcasts

Podcast:

U.S. Supreme Court Issues Important Opinion in Coinbase v. Bielski: Reverses 9th Circuit on Stay Issue – PIT IP Tech Cast

Court Makes Mandatory a Stay of District Court Actions on Interlocutory Appeal from Denial of Motion to Compel Arbitration The United States Supreme Court, in a somewhat controversial ruling today, has resolved a circuit split by ruling that interlocutory appeals from a federal district court’s denial of a motion to compel arbitration must automatically stay the underlying District Court case. On June 23, 2023, the Supremes in Coinbase, Inc. v. Bielski, No. 22 – 105 (599 U.S. ____ 2023), held that the district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing.

1. U.S. Supreme Court Issues Important Opinion in Coinbase v. Bielski: Reverses 9th Circuit on Stay Issue 10:07
2. Ransomware Attack on Kaseya 12/5/21 Update – Indictments 08:01
3. Kaseya VSA Supply-Chain Ransomware Attack Update 7-9-21 09:57
4. Kaseya VSA Server Ransomware Attack July 2021 – Lessons and Protocols for Dealing with Data Breach 30:45
5. The Rise of Counterfeiting Litigation in Federal Courts 08:21

Blog:

See Kaseya CEO Video response presentation: https://www.kaseya.com/

See Updates Regarding VSA Security Incident Response: https://www.kaseya.com/potential-attack-on-kaseya-vsa/

In any Cyber incident, Data breach, hack or unwanted email intrusion, like the recent Kaseya attack, Incident Response (IR) time is of the essence. The Business and Cybersecurity Litigation lawyers at Houston Harbaugh, P.C., are here to assist in addressing the cybersecurity issues facing companies today. A comprehensive set of issues must be addressed to aid companies in minimizing the risk of cybersecurity breaches and to aid companies not if, but when, a data breach occurs. Ransomware, e-mail spoofing, text and phone call spoofing, e-mail intrusion, phishing and other schemes are running rampant in the business world. Sophisticated companies are falling prey to wire fraud schemes and ransom attacks at an alarming rate. These victims frequently turn to their insurance carriers but the maze of seeking insurer indemnity and defense for these matters is complex. Our firm can help work through that maze on both the technical side of investigation and on the mitigation side including the analysis of insurance coverage options. Our litigation lawyers are well equipped to handle IR and to tackle both the initiation of, or defense of, litigation related to these cyber security breaches and losses.

Data breaches are one of the biggest risks facing companies today. Companies must take action to prepare for the worst and to react quickly when it happens on both the technical side and the legal side. Our firm can cyber-counsel on corporate structure issues, insurance coverage, employment law, HIPAA and personal and health care data issues, and protection of data through proper technology infrastructure, technology rules and policies, corporate and employment policies and litigation if necessary. Cybersecurity takes a team to protect companies and their data through security programs, security awareness training, annual security audits and Incident Response. A cyber incident or intrusion which results in a breach of Personally Identifiable Information (PII) may trigger certain legal reporting requirements. See (Westlaw’s link): Pennsylvania Statutes 73-2301: Breach of Personal Information Notification Act. A link to the actual Pennsylvania statute can be found here. Here is a summary of the Pennsylvania Notification Act:

• Enacted in 2006, Pennsylvania’s data breach notification law requires entities doing business in Pennsylvania that maintain, store, or manage computerized personal information of Pennsylvania residents to notify affected individuals of any data breach that results or could result in the unauthorized acquisition of their unencrypted and unredacted personal information.
• Notice must be made without unreasonable delay
• If more than 1,000 individuals must be notified, breached entities must also notify all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis.
• Breached third parties must notify relevant data owners or licensees.
• Substitute notice is permitted in specific circumstances and notification may be delayed for law enforcement purposes.
• Entities which maintain their own notification procedures as part of an information security policy consistent with state law are deemed to comply with the notification requirements of this law if the entity makes notifications in accordance with its policies.
• Financial institutions compliant with the Federal Interagency Guidance Response Programs for Unauthorized Access to Consumer Information and Customer Notice are deemed to comply with this law, as are entities that comply with relevant notification requirements of federal regulators.

Our firm can help guide you through these reporting requirements but it is best to be prepared in advance. We can help you prepare and can refer you to good technical people for up front assistance.

Data breaches are the ultimate sneak attack. A company’s computer systems can be breached for weeks, months and even years without the breach being detected. Once detected, what action must the company take? A team that includes attorneys, company executives, law enforcement, IT and human resource management should be in place and prepared to address the various problems that arise. These problems include legal issues —regulatory compliance, protection of intellectual property, recovery of losses, and litigation —technical issues, notification issues, customer relations, public relations, and insurance issues.

Houston & Harbaugh cybersecurity attorneys have presented both regionally and nationally the following topics: “The Potential Consequences of Data Breach on Compromise or Infringement of Intellectual Property” and “Protecting Your Business in the Digital Age”. To read more about this topic and to see legal resources regarding Cybersecurity and Data Breach Response, please see this website’s Resource Library. 

Contact Our Pennsylvania Cybersecurity Attorneys Today: Houston Harbaugh can help your company take action to minimize the threat from data breaches and to guide you through IR. For immediate help on data breach or ransomware response, contact HH Shareholder Henry Sneath by email now to databreach@hh-law.com or call: 1-833-511-2243