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Rare recovery in a complex ransomware case: Major NetWalker arrest leads to significant asset seizure

Data Protection Report - Norton Rose Fulbright

Norton Rose Fulbright Canada’s cyber litigation team recently obtained an order in favour of an insurer, granting it relief from forfeiture in respect of more than 11 bitcoins from the assets seized from a prolific ransomware gang.[1] This case was the first of its kind and confirms an insurer’s ability to seek recovery for losses … Continue reading

The UK’s ICO issues a monetary penalty notice to professional services firm after ransomware attack

On 10 March 2022, the Information Commissioner’s Office (ICO) issued a monetary penalty notice to a professional services firm (the Firm) to the tune of £98,000 for a breach of Article 5(1)(f) of the General Data Protection Regulation (GDPR). The Firm was the victim of a ransomware attack which it first became aware of on … Continue reading

Who gets to decide to pay the ransom in a ransomware attack?

The onslaught of ransomware attacks since the pandemic began has not slowed.  Organizations have been faced with the task of continuously reviewing their cybersecurity programs to ensure they are following best practices to protect against ransomware groups.  But organizations also need to be prepared to respond to such an attack if their cybersecurity practices are … Continue reading

OFAC Announces New Measures to Address Ransomware Attacks

Norton Rose Fulbright - Data Protection Report blog

The U.S. Department of Treasury, Office of Foreign Assets Control (“OFAC”) implemented additional measures today to combat the growing ransomware problem.  OFAC’s measures consist of: (1) the designation of the entire SUEX OTC, S.R.O. (“SUEX”) crypto-currency exchange (SUEX) to the SDN List; (2) designating a fairly large number (~25) additional digital currency addresses to the … Continue reading

“But the emails” – companies’ SEC filings reflect ransomware risks

Data Protection Report - Norton Rose Fulbright

The Equifax breach will likely devour the entire breach news cycle in the near term, given the size of the incident and that it gets to the essence of the company’s business of maintaining some of the most sensitive consumer information. Still, in what for the moment might seem like a more pedestrian risk, companies … Continue reading

Large Ransomware Attack Affects Companies in Over 70 Countries

Norton Rose Fulbright - Data Protection Report blog

A large-scale ransomware attack began impacting companies and hospitals across the United States, Europe, and Asia early Friday morning.  According to reports, companies in more than 70 countries have reported incidents as of Friday afternoon. The attacks are being caused by ransomware called “WannaCry,” which quickly moves across systems to encrypt large amounts of computer … Continue reading

FTC Enforcement Possible for Failing to Guard Against Ransomware

Data Protection Report - Norton Rose Fulbright

Recent comments by FTC Chairwoman Edith Ramirez suggest that a company’s failure to take preventative measures to address ransomware could result in an enforcement action by the FTC, even if a company is never actually subject to a ransomware attack. The Chairwoman’s comments reflect a growing concern among US government agencies regarding ransomware and may … Continue reading

Your Money or Your PHI: New Guidance on Ransomware

Data Protection Report - Norton Rose Fulbright

On June 12, 2016, the HHS Office of Civil Rights (OCR) released guidance, entitled “FACT SHEET: Ransomware and HIPAA,” in response to the rising number of ransomware attacks perpetrated against healthcare entities. The guidance addresses Health Insurance Portability and Accountability Act (HIPAA) issues that may arise when medical records containing Protected Health Information (PHI) are compromised … Continue reading

Ransomware Incident Response – Prevention, Readiness and Strategy

Data Protection Report - Norton Rose Fulbright

Last week, the Hollywood Presbyterian Medical Center was able to successfully negotiate the release of a collection of system resources and data files that had been encrypted and held hostage by ransomware attackers. Ransomware is a peculiar type of malware that is not designed or intended to steal personal or confidential information. Rather, ransomware is … Continue reading

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