ARTICLE
3 November 2022

NYDFS's $4.5 Million EyeMed Cyber Settlement Reminder To Industry

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Sheppard Mullin Richter & Hampton

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Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
In a recent settlement with the New York Department of Financial Services, EyeMed Vision Care LLC agreed to pay a $4.5 million penalty and undertake remedial measures to increase its cybersecurity.
United States New York Technology

In a recent  settlement with the New York Department of Financial Services, EyeMed Vision Care LLC agreed to pay a $4.5 million penalty and undertake remedial measures to increase its cybersecurity. This includes undertaking an action plan based on a comprehensive risk assessment, subject to the review and approval of NYFSD.

The case stemmed from an October 2020 incident. At that time, a threat actor gained access to an EyeMed email account used by nine employees through a likely phishing attack. The threat actor was then able to view consumer nonpublic information in the email account. NYDFS alleged that EyeMed did not conduct required risk assessments, failed to implement multifactor authentication, and did not have appropriate access controls in place.

The settlement focused on EyeMed's security practices and its failure to conduct required cybersecurity risk assessments as required by the NYDFS Cybersecurity Regulation.

Putting it Into Practice: This is a reminder for covered entities that the NYDFS Cybersecurity Regulations require companies to conduct periodic risk assessments of information systems and nonpublic information stored on company networks.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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