Antony Kim

Antony Kim

Orrick, Herrington & Sutcliffe LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Third Circuit to Wyndham (Part I): It's "Fair" that FTC Did Not Articulate Specific Cybersecurity Standards in Enforcement Action...

On Monday, the Third Circuit issued a highly anticipated opinion affirming the Federal Trade Commission's authority to regulate "unfair" cybersecurity practices under Section 5 of the FTC Act. In allowing the data breach...more

8/27/2015 - Credit Cards Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Protection Data Security Debit Cards Enforcement Actions Fraudulent Charges FTC FTC v Wyndham Hackers Section 5 Wyndham

German Federal IT Committee Issues New Restrictions for Cloud Service Providers

Last month the German Federal Government IT Advisory Committee ("Federal IT Committee") issued new cloud computing service criteria for all prospective vendors to German Federal Agencies. Cloud services providers who offer,...more

8/24/2015 - Cloud Computing Cloud-Based Services Critical Infrastructure Sectors Foreign Policy Germany Information Technology PaaS Patriot Act Personally Identifiable Information SAAS

FTC Puts "Standalone" Section 5 Enforcement Approach on the Record

For the first time in its 101-year history, the Federal Trade Commission recently issued a policy statement outlining the extent of its authority to police "unfair methods of competition" on a "standalone" basis under Section...more

8/17/2015 - Antitrust Investigations DOJ FTC Rule-of-Reason Analysis Section 5 Sherman Act Standalone Authority The Clayton Act Unfair Competition

Does Free Credit Monitoring Do More "Harm" Than Good?

The Seventh Circuit reinstates the Neiman Marcus data breach class action lawsuit after finding that increased risk of future fraudulent charges and greater susceptibility to identify theft are sufficient for standing. ...more

8/3/2015 - Article III Class Action Credit Monitoring Cyber Attacks Cybersecurity Data Breach Fraudulent Charges Free Identity Theft Protection Identity Theft Neiman Marcus Popular Standing

HIPAA Security Requirements Aren't Cloudy, Especially to Whistleblowers

Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) announced that it had entered into a settlement agreement with St. Elizabeth's Medical Center (SEMC) in Brighton,...more

7/31/2015 - Compliance Corporate Counsel Corporate Governance Corrective Actions Cybersecurity Data Security De-Identified Protected Health Information DOJ EHR Enforcement Actions HHS HIPAA OCR Personally Identifiable Information Security Rule Settlement

EU/Swiss-U.S. Safe Harbor: More Scrutiny by the FTC?

On May 29, 2015, the Federal Trade Commission ("FTC") announced the approval of the final orders for two U.S. companies, TES Franchising, LLC ("TES") and American International Mailing, Inc. ("AIM"), settling complaints that...more

6/22/2015 - Arbitration Binding Corporate Rules Compliance Data Protection Dispute Resolution EU FTC Germany International Data Transfers Mediation Safe Harbors Section 5 Switzerland U.S. Commerce Department UK Unfair or Deceptive Trade Practices

Going for Brokerages: FINRA and SEC Take Aim at Deficient Cyber Policies and Practices

On Feb. 3, the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) each released reports regarding cybersecurity issues for brokerage and advisory firms, both of which should be...more

6/18/2015 - Broker-Dealer Brokers C-Suite Executives Cybersecurity Enforcement FINRA Industry Examinations Information Reports Investment Adviser OCIE Popular Risk Assessment SEC

Roadmap Offers Important Insights on How to Prepare for FTC Data Breach Investigations

On May 20, 2015, Federal Trade Commission Assistant Director Mark Eichorn of the Bureau of Consumer Protection’s Division of Privacy and Identity Protection (DPIP) offered an inside look into the FTC’s investigative process...more

5/28/2015 - Assessment Data Breach Enforcement Actions FTC Internal Investigations Privacy Policy

Standing Your Ground: Supreme Court to Consider Standing Question Important in Data Breach Class Action Litigation

On April 27th, the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, to consider a question critical to the viability of data breach class actions: standing. Since the Court’s most recent standing...more

4/29/2015 - Article III Clapper v. Amnesty International Class Action Data Breach FCRA SCOTUS Split of Authority Spokeo v Robins Standing

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

4/24/2015 - Attorney-Client Privilege Confidentiality Cyberforensics Cybersecurity Data Breach Discovery e-Discovery Popular Risk Mitigation Work Product Privilege

United States Goes on the Offensive Against International Cybercrime - 2015 Cybersecurity Executive Order

On April 1, President Obama signed an Executive Order to combat the "national emergency" sparked by a rapidly evolving global cybercrime environment. The Executive Order directs the U.S. Treasury Department to impose...more

4/14/2015 - Asset Freeze Barack Obama Blocked Entities Blocked Person Cyber Attacks Cyber Crimes Cybersecurity Executive Orders National Security Popular Sanctions SDN List U.S. Treasury

Obama Administration Announces Cybersecurity and Privacy Initiatives

On Monday, January 12, 2015, President Obama appeared at the Federal Trade Commission to announce the administration’s blitz of cyber security and privacy legislative and public policy initiatives, which will be discussed in...more

1/21/2015 - Barack Obama Breach Notification Rule CFAA Consumer Privacy Bill of Rights Domestic Policy Information Sharing Personal Data Privacy and Security Act RICO

FTC Assesses $800,000 Fine Against Mobile App Operator and Issues Mobile Privacy and Security Guidance

The Federal Trade Commission has emphasized in the past that general privacy protections in the website space apply equally to mobile services, but a new FTC Staff Report released on Friday hones in on some privacy...more

2/11/2013 - Address Book App Developers COPPA Data Collection Data Protection FTC Mobile Apps Notice Requirements Parental Consent Path Inc. Personally Identifiable Information Privacy Policy Settlement Social Networks Transparency

Recent Privacy Developments: California AG Continues to Lead on Mobile with New Recommendations and FTC Amends COPPA

Nearly all businesses today are involved in some way in the development or distribution of mobile applications. The first part of this Client Alert highlights recent activities of the California State Attorney General to...more

1/15/2013 - Advertising App Platform Providers Attorney Generals COPPA Data Collection Enforcement FTC Kamala Harris Mobile Apps Mobile Ecosystems Notice Requirements Online Privacy Protection Act Parental Consent Personally Identifiable Information Privacy Policy

16 Results
|
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×