July 11, 2017
News about malicious cyber-attacks have been flooding media outlets in recent weeks as high-profile viruses (including WannaCry and Petya) continue to hit leading global and Canadian companies. What’s the cost here at home? In June, IBM Security and Ponemon Institute released their annual series of benchmark studies exposing the cost of data breach incidents in 13 regions around the world. The results found…
June 15, 2017
Those following developments in the data breach litigation space will be interested in the recent decision, In re Experian Data Breach Litigation (In Re Experian), where the California District Court upheld a privilege claim over a forensic report prepared following a data breach. BACKGROUND This decision arises in the context of a class action brought against Experian Information Solutions Inc….
March 27, 2017
The portion of the Internet that most people generally use is only one of three layers. The commonly used layer that is accessible by search engines is referred to as the clearnet or the surface web and represents only about four per cent of Internet content. In addition to the surface web, the Internet comprises the deep web and the…
January 26, 2017
There have been many articles, papers, books, seminars, roundtables and conferences around the potential for blockchain and distributed ledger technology (DLT), and announcing trials or tests of new applications for blockchain technologies, especially in the financial services industry. Regulators, recognizing the potential for these applications (as one put it in a metaphor from an older revolutionary technology) to pick up…
January 24, 2017
On January 19, 2017, the Canadian Securities Administrators (CSA) published Staff Notice 51-347 Disclosure of cyber security risks and incidents (Staff Notice), which reports on their broad-ranging review of the filings of the 240 constituent issuers in the S&P/TSX Composite Index concerning their disclosure of cybersecurity issues. The review focused on how cybersecurity issues have been addressed in risk factor…
December 14, 2016
Find out what Michael Hyatt, tech entrepreneur and CBC business commentator, believes will be the technology trends for 2017 and beyond in this video.
November 24, 2016
Throughout the remainder of 2016 and into 2017, we will be providing key insight into current trends across different industries. The first in our series concerns technology, with a particular focus on financial technology (fintech) and cybersecurity.
November 1, 2016
While there are no guarantees as to which communications will ultimately be protected by privilege, a company can increase its odds of creating a sphere of privilege-protected communications in the aftermath of a data breach by giving consideration to such issues in structuring its internal investigations. Below we highlight lessons learned from the decision of the United States District Court…
October 19, 2016
In an increasingly interconnected and digitized world, data breaches have become ever more common. The wealth of personal information that corporations have in their possession means that such breaches can occur in even the most benign circumstances. Although many corporations have developed sophisticated privacy and cybersecurity protocols to minimize these risks, data breaches have become a feature of 21st century…
October 12, 2016
A consequence of the unconstrained international flow of information is that domestic data protection laws increasingly have implications abroad. The recent overhaul in the European Union’s data protection laws is a prime example of this, which will have implications for Canadian organizations of all sizes and types.