December Cyber update from the Office of Rob Kleeger

Dec 20, 2022 3:16 pm


I hope this email finds you and your loved ones safe, secure, and healthy.


It's been quite an interesting year, transitioning back to meeting face-to-face and also utilizing the efficiencies of Video Conferencing... I am thankful for meeting many new people, the opportunities we've had to work together or getting to know you and build a long-term relationship.

May this holiday season bring you joy, happiness, and time to spend with your loved ones.

All the best,

Rob Kleeger


Words of Wisdom:

"You forget what you want to remember, and you remember what you want to forget.”

-Cormac McCarthy



InfraGard user data for sale

InfraGard, a program run by the U.S. Federal Bureau of Investigation (FBI) to build cyber and physical threat information sharing partnerships with the private sector, saw its database of contact information on more than 80,000 members go up for sale on an English-language cybercrime forum. Meanwhile, the hackers responsible are communicating directly with members through the InfraGard portal online — using a new account under the assumed identity of a financial industry CEO that was vetted by the FBI itself.

FFT and Ransomware Represent Over Half of Cyber Insurance Claims in 2022

InfoSecurity Magazine reported on December 7 that fraudulent funds transfer (FFT) and ransomware were the biggest drivers of financial loss from cybercrime in 2022, accounting for more than 50% of insurance claims, according to figures from insurance company Corvus.

Uber Hit By New Data Breach After Attack on Third-Party Vendor

Ride-sharing platform Uber has suffered another data breach as a cyber-criminal posted sensitive company information on a dark web forum, which they had stolen from third-party vendor Teqtivity. Teqtivity wrote, "We are aware of customer data that was compromised due to unauthorized access to our systems by a malicious third party. The third-party was able to gain access to our Teqtivity AWS backup server that housed Teqtivity code and data files related to Teqtivity customers."



In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., 341 F.R.D. 474 (S.D.N.Y. 2022)

In a detailed and carefully analyzed decision, the court held that Keurig failed to preserve relevant ESI on 25 laptop computer hard drives of custodians, nine of which were outright lost. Nevertheless, the court found that plaintiffs only suffered prejudice from defendants' failure to produce three of the hard drives, and that plaintiffs had failed to establish by clear and convincing evidence that the preservation failures were intentional (thus avoiding the most severe sanctions). The court imposed monetary sanctions and ruled, however, that plaintiffs could present evidence to the jury at trial regarding Keurig's failure to preserve the three hard drives.

Six Charged in Mass Takedown of DDoS-for-Hire Sites

The U.S. Department of Justice (DOJ) today seized four-dozen domains that sold “booter” or “stresser” services — businesses that make it easy and cheap for even non-technical users to launch powerful Distributed Denial of Service (DDoS) attacks designed knock targets offline. The DOJ also charged six U.S. men with computer crimes related to their alleged ownership of the popular DDoS-for-hire services.

Crosbie v. Highmark Inc., et al., No. 21-1641.

Plaintiff was a fraud investigator for a health insurance company. In 2017, he reported to his managers his discovery that some doctors in the company’s network had been convicted for selling opioid prescriptions, and that other doctors lacked required Medicaid licenses. The managers investigated the concerns but decided not to take any action and told him to drop it, even after Plaintiff repeatedly pressed the issue.The Third Circuit affirmed a grant of summary judgment in favor of an employer, holding that whistleblower retaliation protections in the False Claims Act did not protect an employee from being discharged for harassing a co-worker.

Lawsuit Claims Mac & Cheese May Take Seconds Longer to Make Than Promised

In this lawsuit, the plaintiff accuses Kraft Heinz Foods Company of misleading her and other consumers as to the time it would take them to make one (1) serving of Velveeta Shells & Cheese. As you can see above, according to the package, the product can be “READY IN 3 1/2 MINUTES.” But according to the plaintiff, that is a dirty lie.

This case is just a reminder of how the legal bar needs to clean up its reputation of cheesy lawyers!

Hey Lawyers...New ABA Opinion on “Replying All” in Electronic Communications

The American Bar Association released Formal Opinion 503, regarding lawyers who “Reply All” in Electronic Communications. In the absence of special circumstances, lawyers who copy their clients on an electronic communication sent to counsel representing another person in the matter impliedly consent to receive counsel’s “reply all” to the communication. Thus, unless that result is intended, lawyers should not copy their clients on electronic communications to such counsel; instead, lawyers should separately forward these communications to their clients. Alternatively, lawyers may communicate in advance to receiving counsel that they do not consent to receive counsel replying to all, which would override the presumption of implied consent.

If you are in a position or can forward me too someone who goes back to the and help our law firm relationships & firms inform and educate live "at the office" events.



  • At Minimum - Change passwords yearly

  • Choose what apps, accounts, cloud services wisely.

One should be careful about granting access to some digital platforms to maintain data security. Often, you are granting access to your contacts, photo & video galleries, the camera, the microphone, location, calendars, and other services. Consent is often granted upon using that service so make good choices. Do you value your data and privacy, just saying!  

  • Utilize Multi-Factor Authentication whenever possible

  • Audit your devices on your accounts regularly

Confirm only the devices you own are attached to your iCloud, Google, MSO365, etc.

  • Avoid Posting Personal Information on Social Media

  • Regularly Clean Cookies

To protect personal data is to clean cookies regularly. This is because these cookies store important data and information while using or accessing certain websites on the internet. Maintaining personal and business data sanctity is critical today. Data is the new gold and it can be used for good and harmful purposes.


Thank you for the last opportunity in 2023 to TOOT MY HORN

Did you know that Digital4nx Group was recognized by Enterprise Security as one of the Top Ten Digital Forensic Services companies in 2022?


If you are an attorney who litigates, know one, or are a responsible business executive that's ass is on the line if a data breach occurs, I would love an explorator call or introduction!

Please share the above information with those people or arrange an introduction.

Look forward to seeing you in the flesh!



Digital4nx Group provides a blend of legal and technology services where we systematically identify, preserve, extract, analyze, and interpret digital evidence.

Our services are commonly used to:

  • React and respond by providing litigation support services for plaintiffs or defendants, as well as providing expert testimony and consulting, both in and out of court.
  • Proactively identify and provide insights on how to better secure your confidential data, technology, and compliance.


Cyber Security Services

Cyber incidents can be damaging to an organization, both in the short and long term. Digital4nx Group ​helps business leaders protect their “crown jewels” through reasonable, defensible, and cost-effective​ ​services... Before, During, and After a Data Incident! We offer a multi-disciplined approach to cyber services such as: