Amy Park

Amy Park

Skadden, Arps, Slate, Meagher & Flom LLP

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"Privacy & Cybersecurity Update - January 2017"

In this edition of our Privacy & Cybersecurity Update, we discuss how the prospect of a new chair and three new commissioners at the FTC may impact the agency's approach to cybersecurity regulation, a new Massachusetts...more

2/4/2017 - Administrative Appointments Breach Notification Rule Cyber Insurance Cybersecurity Cybersecurity Framework Data Breach Enforcement Actions FTC HIPAA Internet of Things NIST OCR Popular Privacy Policy Public Disclosure Software Swiss Privacy Shield Trump Administration

"Privacy & Cybersecurity Update - December 2016"

In this month's edition of our Privacy & Cybersecurity Update, we examine modifications to New York state's proposed cybersecurity regulations for financial institutions, a 5th Circuit ruling that a phishing scam is not...more

1/4/2017 - Banks Commercial Crime Insurance Polices Consumer Insurance Products Cyber Insurance Cybersecurity Data Breach Data Privacy Department of Financial Services FCC Home Depot Internet of Things Phishing Scams Privacy Laws Trump Administration U.S. Treasury

"Privacy & Cybersecurity Update - November 2016"

In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the...more

12/2/2016 - Administrative Appeals Appeals China Critical Infrastructure Sectors Cybersecurity Cybersecurity Laws Data Breach Data Security FTC FTC Act Geo-Blocking LabMD LinkedIn NIST Russia Section 5 Third-Party Service Provider Unfair or Deceptive Trade Practices

"Privacy & Cybersecurity Update - September 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more

10/3/2016 - Article III CFTC Class Action Commodities Corporate Counsel Cybersecurity Data Breach Data Protection Data Protection Authority EU EU-US Privacy Shield Financial Institutions Financial Markets Financial Sector FTC Germany International Data Transfers NIST NYDFS Personal Data Popular Standing UK Young Lawyers

Supreme Court Will Weigh Insider Trading, Securities Act Class Action Requirements

In its 2016 fall term, the U.S. Supreme Court will have the opportunity to consider two cases involving securities laws, one of which is already on the calendar for oral argument. The cases concern the “personal benefit”...more

9/28/2016 - Appeals Certiorari Class Action Criminal Convictions Federal v State Law Application Insider Trading Jurisdiction Personal Benefit SCOTUS Securities Act SLUSA

Privacy & Cybersecurity Update: New York State Proposes Cybersecurity Regulation for Financial Institutions

New York state has proposed a new regulation — to go into effect January 1, 2017 — that would require banks, insurance companies and other financial services institutions regulated by the New York State Department of...more

9/15/2016 - Banks CISO Comment Period Covered Entities Cyber Attacks Cyber Crimes Cybersecurity Data Protection Data Retention Financial Institutions Financial Sector Gramm-Leach-Blilely Act Hackers HIPAA Insurance Industry NYDFS Popular Proposed Regulation Risk Assessment Risk Management

"Privacy & Cybersecurity Update - June 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the impact of Brexit on EU data protection, court rulings on cyber insurance policy exclusions and coverage gaps, recent statements from the FTC and the...more

6/30/2016 - Banks Bonds Class Action Corporate Counsel Cyber Insurance Cybersecurity Data Breach Data Protection Data Protection Authority Electronic Health Record Incentives EU Data Protection Laws EU-US Privacy Shield Fashion Industry FFIEC Fraudulent Transfers FTC Germany Hackers Internet of Things Privacy Laws Spokeo v Robins Standing UK Brexit Young Lawyers

Privacy & Cybersecurity Update - May 2016

In this edition of our Privacy & Cybersecurity Update, we examine recent developments, including the U.S. Supreme Court's holding in Spokeo that consumer plaintiffs must show "real harm" to sue in federal court, the EU data...more

6/3/2016 - Antitrust Violations Article III Breach Notification Rule Cyber Insurance Cybersecurity Data Breach Data Protection Commissioner EU-US Privacy Shield Injury-in-Fact Ireland Privacy Laws Risk of Loss SCOTUS Spokeo v Robins Standing Subrogation

Inside the Courts: An Update From Skadden Securities Litigators - November 2015 / Volume 7 / Issue 4

We are pleased to present Inside the Courts (Volume 7, Issue 4), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between...more

11/19/2015 - Auction Breach of Duty Class Action ERISA Fiduciary Duty Fraud-on-the-Market Market Manipulation Misrepresentation Pleading Standards Scienter Securities Fraud Securities Litigation Standing Statute of Limitations Statute of Repose Venue Whistleblower Protection Policies

"Inside the Courts: Sweeping Changes Proposed to the Federal Rules of Civil Procedure"

Significant amendments to the Federal Rules of Civil Procedure submitted to Congress in April 2015 could change discovery practices in securities litigation before the end of this year. Absent legislation to reject, modify or...more

10/2/2015 - Case Management Discovery Duty to Preserve Electronically Stored Information Federal Rules of Civil Procedure FRCP 26(b)(1) New Legislation Scope of Discovery Requests Securities Litigation

Inside the Courts - An Update From Skadden Securities Litigators - May 2015 / Volume 7 / Issue 2

In This Issue: - U.S. Supreme Court: ..Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund, 135 S. Ct. 1318 (4th Cir. Mar. 16, 2015) - Auditor Liability: ..In re Advanced Battery Techs.,...more

6/2/2015 - Auditors Books & Records CAFA Class Action Class Certification Derivative Suit Fiduciary Duty Justifiable Reliance Misrepresentation Omissions Pleading Standards Scienter SCOTUS Securities Fraud Settlement Statute of Limitations Statute of Repose Whistleblowers

"Omnicare Decision Clarifies Pleading Standard for Section 11 Claims Based on Statements of Opinion in Registration Statements"

In an opinion issued yesterday, the U.S. Supreme Court held in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund that an issuer may be held liable under Section 11 of the Securities Act of 1933...more

3/25/2015 - Disclosure Material Disclosures Misleading Statements Omnicare Pleading Standards Registration Statement SCOTUS Section 11 Securities Fraud Securities Litigation Statement of Opinion

Inside The Courts - March 2015 | Volume 7 | Issue 1

In This Issue: - U.S. SUPREME COURT: ..Gelboim v. Bank of Am. Corp., No. 13-1174 (U.S. Jan. 21, 2015) - DEMAND FUTILITY: ..Arduini v. Hart, No. 12-15750 (9th Cir. Dec. 17, 2014) - EXCHANGE...more

3/5/2015 - Demand Futility Fiduciary Duty Gelboim v Bank of America Insider Trading Rule 10b-5 SCOTUS Standing Tender Offers Whistleblower Protection Policies Whistleblowers

Inside The Courts - November 2014 | Volume 6 | Issue 4

In This Issue: CLASS CERTIFICATION: Fort Worth Emps. Ret. Fund v. J.P. Morgan Chase & Co., No. 09-cv-3701 (JPO) (S.D.N.Y. Sept. 30, 2014) Discovery: ..Freedman v. Weatherford Int’l Ltd., No. 12...more

11/19/2014 - Books & Records Class Action Class Certification Fiduciary Duty Investment Company Act of 1940 JPMorgan Chase Loss Causation Omnicare Scienter Securities Act of 1933 Securities Exchange Act Standing Statute of Limitations Statute of Repose Zillow

Inside The Courts - September 2014 | Volume 6 | Issue 3

In This Issue: - CLASS CERTIFICATION: ..Goodman v. Genworth Fin. Wealth Mgmt. Inc., No. 09-CV-5603, 2014 WL 1452048 (JFB) (GRB) (E.D.N.Y. Apr. 15, 2014) - DEMAND FUTILITY: ..Rosenbloom v. Pyott,...more

9/18/2014 - Bylaws Class Action Class Certification Enforcement Actions ERISA Expert Witness Fiduciary Duty Loss Causation Retailers SEC Securities Exchange Act Wal-Mart

"Supreme Court Holds No Presumption of Prudence for ESOP Fiduciaries"

Today, in a unanimous decision, the Supreme Court of the United States held in Fifth Third Bancorp v. Dudenhoeffer that fiduciaries of employee stock ownership plans (ESOPs) that invest in the employer’s securities are not...more

6/25/2014 - Duty of Prudence Employee Benefits ERISA ESOP Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer SCOTUS

"Supreme Court Allows Rebuttal of Fraud on the Market at Class Certification Stage in Halliburton Co. v. Erica P. John Fund"

The Supreme Court of the United States today in Halliburton Co. v. Erica P. John Fund upheld the fraud-on-the-market presumption of reliance first recognized by the Court in Basic v. Levinson, but gave defendants a new tool...more

6/23/2014 - Basic v Levinson Board of Directors Class Action D&O Insurance Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund SCOTUS Securities Fraud

Inside The Courts - May 2014 | Volume 6 | Issue 2

In This Issue: - AUDITOR LIABILITY: ..Athale v. Sinotech Energy Ltd., No. 11 Civ. 05831(AJN) (S.D.N.Y. Feb. 21, 2014) - BYLAWS: ..ATP Tour, Inc. v. Deutscher Tennis Bund (German Tennis...more

5/30/2014 - Appeals Auditors Bylaws Class Action Class Certification Enforcement Enforcement Actions Fee-Shifting Fiduciary Duty FINRA Foreign Corporations Insider Trading Professional Liability Sarbanes-Oxley Scienter SEC Securities Exchange Act

"Inside the Courts: Supreme Court Agrees to Review American Pipe Tolling Issue"

This morning, the Supreme Court granted the writ of certiorari in Public Employees Retirement System of Mississippi v. IndyMacMBS, Inc. The petition raises an issue regarding the application of American Pipe tolling to claims...more

3/10/2014 - American Pipe & Construction Co. v. Utah Class Action Securities Act of 1933 Statute of Limitations Tolling

Inside The Courts - March 2014 | Volume 6 | Issue 1

In This Issue: - U.S. SUPREME COURT: ..Lawson v. FMR LLC, No. 12-3 (U.S. March 4, 2014) ..Chadbourne & Parke LLP v. Troice, No. 12-79 (U.S. Feb. 26, 2014) - CLASS CERTIFICATION: ..In re BP...more

3/5/2014 - Breach of Duty Chadbourne & Parke LLP v Troice Claim Preclusion Class Action Class Certification Demand Futility Deutsche Bank Fiduciary Duty Hewlett-Packard Lawson v FMR Pensions Preemption SCOTUS SEC Securities Exchange Act Shareholder Litigation Shareholders SLUSA

"Supreme Court Clarifies Scope of Sarbanes-Oxley Whistleblower Protections to Include Employees at Private Firms That Contract...

Today, in a 6-3 decision, the U.S. Supreme Court held in Lawson v. FMR LLC that the Sarbanes-Oxley Act’s whistleblower protections apply to employees of a public company’s private contractors and subcontractors. Justice...more

3/4/2014 - Contractors Lawson v FMR Publicly-Traded Companies Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies

"Inside the Courts: Supreme Court Decides Scope of ‘In Connection With’ Requirement of the Securities Litigation Uniform Standards...

Today, in a 7-2 decision, the United States Supreme Court appeared to narrow the scope of the “in connection with the purchase or sale of a covered security” as used in SLUSA. Justice Breyer delivered the opinion of the Court...more

2/26/2014 - SCOTUS Securities Fraud Securities Litigation SLUSA

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