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SEC Settlement: Cybersecurity Internal Controls

On June 18, 2024, the Securities and Exchange Commission (“SEC”) announced a $2.1 million civil penalty settlement of charges against R.R. Donnelley & Sons (“RRD”), a global provider of business communications services and...more

Recent Ransomware Attacks Highlight the Evolving Challenges in Responding to Cyber Extortion

A spate of recent ransomware attacks illustrates the increasingly difficult calculations that businesses face following the theft or encryption of their data....more

Markets Promptly See Effect of New SEC Cybersecurity Disclosure Rules

On December 18, 2023, prior to the trading session, VF Corp. (NYSE:VFC) issued a press release disclosing that the company was investigating unauthorized activity on its computer systems – and that the intrusion had encrypted...more

Implementation of DFS Cybersecurity Amendments Continues as Ransomware Attacks Dominate Headlines

Last month, as the New York State Department of Financial Services (“DFS”) began phasing in amended cybersecurity regulations and continued enforcement actions against noncompliant entities, a wave of ransomware attacks...more

Multistate Coalition of State Attorneys General Secures $49.5 Million from Cloud Company Blackbaud for 2020 Data Breach

State regulators across the country continue to increase their focus on cyber security and data privacy compliance and enforcement. For years, cloud company Blackbaud, a service provider to thousands of nonprofit enterprises,...more

New York’s Department of Financial Services Amplifies its Cybersecurity Regulations

On November 1, 2023, the New York State Department of Financial Services (“DFS”) amended its cybersecurity regulations to institute additional standards and controls aimed at securing sensitive data among the financial...more

Court Blocks Enforcement of California’s New Data Privacy Regulations—For Now

On June 30, 2023, the California Superior Court issued a decision blocking the California Privacy Protection Agency (“CPPA” or the “Agency”) from enforcing new regulations governing the collection and use of consumer data...more

Colorado’s Privacy Law Is Fast Approaching with New Considerations for Businesses and Nonprofits

The final countdown has begun to July 1, when Colorado’s Data Privacy Act (the “CPA”) takes effect. The CPA joins a fast-growing number of state comprehensive privacy statutes. We have previously written on the laws from...more

SEC Proposed New Rule and Extensive Updates to Existing Rules on Cybersecurity

On March 15, 2023, the Securities and Exchange Commission (“SEC”) proposed a new rule concerning cybersecurity risk management as well as updates to Regulations S-P and SCI (Systems Compliance Integrity).[1] With these...more

Supreme Court Backs Away from Deciding Scope of Attorney-Client Privilege

The Supreme Court has declined, for now, to decide when attorney-client privilege will apply to communications viewed by courts as made for both legal and other purposes.  In October 2022, the Court granted certiorari in In...more

White House Issues Further Guidance for Federal Agencies on Cybersecurity Priorities

The White House recently issued a Memorandum designed to strengthen the cyber defenses of “National Security Systems” – information systems operated by the federal government that are used for intelligence or military...more

Notorious: The RBG Podcast - Episode 11: Three Cheers for Beer: A Discussion of Craig v. Boren [Audio]

In Episode 11 of Notorious, we discussed the case of Craig v. Boren, in which Ruth Bader Ginsberg, an attorney for the ACLU, helped shape a new level of judicial review in gender discrimination cases, appearing as amicus...more

Beeple, Top Shots, and the Blockchain of Collectibles: Securing the Value of an Original Digital Asset

A cryptocurrency entrepreneur recently paid $69.3 million for Beeple’s Everydays: The First 5,000 Days at a Christie’s auction.  That record-breaking price purchased a work of art that can be seen only on a computer and the...more

Forensic Analysis and Privilege in the Wake of a Data Breach

In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The forensic analysis—which is often memorialized in a report to counsel—is crucial...more

California Privacy Rights Act: The Five Biggest Changes You Need to Know Now

Last November, California voters approved Proposition 24, enacting the California Privacy Rights Act (“CPRA”). The CPRA amends the California Consumer Privacy Act (“CCPA”), which was already the most sweeping consumer data...more

New York Has More to Say About Consumer Data Privacy

As the national landscape of data privacy laws evolves, New York may be poised to follow California in passing legislation that creates new data rights for New York consumers.  New York is no stranger to this field.  The New...more

Peeling Away the Privilege: Another Court Orders Production of Data Breach Investigation Report

A federal court recently added additional wrinkles to one of the most important aspects of responding to a data breach: a forensic investigative report. The court ordered a law firm to turn over a report produced by a...more

Cyber Attacks Targeting K-12 Education Are On the Rise

As remote learning continues to play a critical role in the world’s pandemic response, cybercriminals see another opportunity for exploitation.  The Federal Bureau of Investigation, the Cybersecurity and Infrastructure...more

Hack of IT Service Provider May Affect Thousands of Private Businesses

On December 13, the software and service provider SolarWinds announced that its Orion software platform had been the target of a sophisticated cyber-attack that may have resulted in malicious code being pushed to as many as...more

Who’s On the Other Side: OFAC Releases Guidance on Ransomware Payments and Sanctions Enforcement

As we previously reported, companies across the globe increasingly have been targeted by cyber criminals during the COVID-19 pandemic.  Just last month, a major U.S. healthcare provider, United Health Services (“UHS”),...more

Government Warns of New Cyber Threats Targeting U.S. Businesses

The Cybersecurity and Infrastructure Security Agency (CISA) teamed up with the Federal Bureau of Investigation (FBI) to issue a joint warning of cyber-attacks emanating from Iran and targeting U.S. federal agencies and...more

Capital One to Pay $80 Million Fine for 2019 Data Security Hack

As we previously reported, Capital One Financial Corporation announced in July 2019 a major data security breach when an individual gained unauthorized access to personal information about Capital One credit card customers. ...more

MGM Resolves Las Vegas SAFETY Act Litigation

After over 18 months of private mediation, MGM Resorts International has finally dismissed a series of declaratory judgment actions the company brought against victims of the Route 91 Harvest Festival shooting. Those cases...more

Privacy Suits Against Zoom and Houseparty Test the CCPA’s Private Right of Action

Over the past month, many have discovered video chat and conferencing apps such as Zoom and Houseparty, using them for both business and to keep connected to friends and family during this period of global social distancing....more

Governmental Organizations Across the Globe Warn of Enhanced Cyber Threat Environment Related to COVID-19

In recent weeks, we have seen growing threats to cybersecurity and privacy by malicious actors seeking to exploit the COVID-19 pandemic. As companies transition their employees to remote working and focus their efforts on...more

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