The recent WannaCry ransomware cyberattack provided another chilling reminder of the potential disruptive power behind the Internet of Things. Even before the WannaCry attack in May 2017, a distributed-denial-of-service (DDoS) attack on a domain name server provider, Dyn, Inc., took place in October 2016, pushing many popular internet services offline for hours. The Dyn attack, which utilized the malware Mari as the supporting agent, was a sea-change event carried out by hundreds of thousands of internet-connected devices, such as routers, security cameras and DVRs, that rely on default factory user names and passwords coupled with weak or nonexistent security protections. It illustrated that hackers can now target vulnerable low-hanging fruit and turn it into a super botnet to carry out the DDoS attack. One takeaway from the Dyn attack is that the exponential growth of devices coming online, some 5.5 million per day according to Gartner, creates an unparalleled ecosystem for malevolent actors to find and weaponize the Internet of Things (IoT).
Continue Reading The Internet of Things: A Trifecta of Cyber and Physical Threat Risks

514771873About 80 percent of all food products are regulated by the Food and Drug Administration (FDA). The U.S. Department of Agriculture (USDA) regulates meat, poultry and egg products. Both agencies have regulations governing food production, labeling and recalls.
Continue Reading Mislabeled Food Products Risk Allergic Reaction

Mini segway or hover board scooterSince our last blog post on lithium-ion batteries, there has been a report that a self-balancing scooter, known as a hoverboard, is the suspected cause for a March 10, 2017, fatal fire that occurred in Harrisburg, Pennsylvania. The fire resulted in the death of a three-year-old girl. Fire origin and cause experts are still investigating, but statements from persons who escaped the home indicate that a charging hoverboard “exploded” and caused the fire.
Continue Reading Lithium-Ion Batteries: Hoverboard Suspected in Fatal Fire

Just over a year ago, I authored a Product Liability Advocate blog entry and a Law360 article explaining appropriate methods for asserting objections under Federal Rule of Civil Procedure 34, as amended on December 1, 2015. Last week, Judge Andrew J. Peck, U.S.M.J. of the Southern District of New York, issued an order that in his court any discovery objections that fail to comply with Rule 34 of the Federal Rules of Civil Procedure, as amended on December 1, 2015, will be deemed waived:
Continue Reading Don’t Risk Waiving All Objections to Discovery Responses

In Water Splash v. Menon, case number 16-254 before the U.S. Supreme Court, a long-standing and deep split of authority on a basic question involving international service of process has finally reached the high court. This case was granted certiorari by the Court in early December 2016. It has been briefed by both sides and is now set for argument to proceed on March 22, 2017. The question presented is whether the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention) allows service of process by mail.
Continue Reading A Challenge to Hague Service by Mail Is Now Before the SCOTUS…Finally