Antony Kim

Antony Kim

Orrick, Herrington & Sutcliffe LLP

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FinCEN to Financial Institutions: Include Cyber Data in Suspicious Activity Reports (SARs)

As new legislation aimed at facilitating greater cybersecurity information sharing between private industry and government takes effect (i.e., Cybersecurity Information Sharing Act), FinCEN Director Jennifer Shasky Calvery...more

2/5/2016 - Banking Sector Cybersecurity Financial Institutions FinCEN Information Sharing Reporting Requirements Suspicious Activity Reports

Safe Harbor 2.0: Political Agreement Reached – The EU-US Privacy Shield

The European Commission has announced that it has reached a deal to replace the EU-US Safe Harbor framework that was declared invalid last year by the Court of Justice of the European Union (“ECJ”). Heralded as the EU-US...more

2/3/2016 - Article 29 Working Party (WP29) Data Protection EU EU-US Privacy Shield FTC International Data Transfers Ombudsman Personal Data Popular Safe Harbors

Supreme Court Issues CFAA decision in Michael Musacchio v. United States

On Monday, January 25th, the Supreme Court issued the most recent Computer Fraud and Abuse Act decision in Michael Musacchio v. United States. After leaving his employer to start his own company, the defendant (a former...more

1/29/2016 - CFAA Corporate Counsel Data Security SCOTUS Unauthorized Access Work Computer

FTC Enforcement in Schein: Misleading Statements about Encryption and Cybersecurity

On January 5, 2015, the Federal Trade Commission (FTC) entered into a consent order with dental software manufacturer Henry Schein Practice Solutions, Inc. ("Schein") in connection with allegations that Schein had made...more

1/26/2016 - Cybersecurity Dental Practice Encryption FTC HIPAA Misleading Statements Popular Software Developers

China Passes (De) Encryption Cyber Law

On December 27, 2015, the Standing Committee of the National People's Congress, China's national legislative body, passed the Counter-Terrorism Law of China, which entered into force on January 1, 2016. Although the law's...more

1/12/2016 - China Counter-Terrorist Cybersecurity Framework Encryption Internet Service Providers (ISPs) New Legislation Popular Telecommunications

Germany Permits Consumer Protection Associations to File Class Actions for Violations of Data Protection Law

On December 17, 2015, the German Parliament passed a new act which permits consumer protection associations, industry and commerce chambers or other approved business associations to file privacy class actions. The law is...more

1/7/2016 - Class Action Data Breach Data Privacy Germany Privacy Laws

FTC and Wyndham Call a Truce

Following the Third Circuit’s ruling upholding the FTC’s authority to regulate unfair and deceptive cybersecurity practices under Section 5 of the FTC Act, Wyndham Worldwide Corporation and the FTC have agreed to settle. ...more

12/21/2015 - Cybersecurity Data Breach FTC Act FTC v Wyndham Personal Data Section 5 Settlement Unfair or Deceptive Trade Practices

EU Reaches Agreement On New Data Protection By Laws

After nearly 4 years of negotiations, yesterday evening the EU reached agreement on the final provisions of its new data protection laws. With it, a new era of data protection has been ushered in that will have far reaching...more

12/16/2015 - Data Processors Data Protection EU Personal Data Reporting Requirements

A Great Leap Forward: EU Soon to Have Broad Rules on Cybersecurity and Incident Reporting

On December 7, 2015, more than two and a half years after the first draft, the European Union Council finally reached an important, informal agreement with the Parliament on important network and information security rules...more

12/16/2015 - Cyber Incident Reporting Cybersecurity EU Germany Incident Response Plans Information Security

FTC/FCC MOU: Even the Justice League Needs It In Writing

On November 13, 2015, the Federal Trade Commission and the Federal Communications Commission entered into a Memorandum of Understanding to address coordination of consumer protection actions by each agency. Following a wave...more

11/30/2015 - Collaboration Common Carriers Data Security FCC FTC Popular

EU Commission to Update Decisions Authorising Personal Data Transfers to Certain Countries Outside the EU

Last Friday (6 November 2015) the EU Commission issued a communication on the transfer of personal data from the EU to the US under the Data Protection Directive following the judgment by the Court of Justice in the Schrems...more

11/13/2015 - Data Protection Authority European Court of Justice (ECJ) International Data Transfers Personal Data US-EU Safe Harbor Framework

German DPAs Add Further Pressure to EU-US Data Transfers

Yesterday, German federal and state (Länder) data protection authorities ("DPAs") issued a Position Paper following the recent Court of Justice of the European Union ("CJEU") ruling that struck down the EU-US Safe Harbor...more

10/27/2015 - Article 29 Working Group Binding Corporate Rules Cloud Computing Cybersecurity Data Privacy Data Protection Authority European Commission European Court of Justice (ECJ) Germany International Data Transfers Personal Data Privacy Laws Right to Privacy Safe Harbors US-EU Safe Harbor Framework

5 Popular Cybersecurity Writers to Follow Right Now

For your convenience, a short list of JD Supra writers covering the myriad issues raised surrounding Cybersecurity, date privacy and protection, and related matters. ...more

10/23/2015 - Corporate Counsel Cybersecurity Data Breach Data Protection Popular

US–EU Safe Harbor – Struck Down!

1. CJEU finds Safe Harbor Invalid - In a landmark ruling delivered today, Europe's highest court, the Court of Justice of the European Union (CJEU) declared that the EU Commission's US - EU Safe Harbour regime is...more

10/7/2015 - Cloud Computing Corporate Counsel Cybersecurity Data Protection Data Security Data Transfers Due Diligence EEA EU European Court of Justice (ECJ) Facebook International Data Transfers Personal Data Popular Privacy Concerns Privacy Policy Safe Harbors US-EU Safe Harbor Framework Young Lawyers

EU–US Safe Harbor About to be Struck Down?

Thousands of U.S. and European companies who rely on the EU–US Safe Harbor Framework to permit the transfer of personal data from the EU to the U.S., have come a step closer to seeing the transfer mechanism struck down....more

10/1/2015 - Advocate General Cloud Computing Compliance Cross-Border Data Loss Prevention Data Protection Data Security Data Transfers Dispute Resolution Edward Snowden EEA Email EU EU Data Protection Laws European Commission International Data Transfers Personal Data Safe Harbors US-EU Safe Harbor Framework

Notifying Parties In Username/Password Breaches . . . It’s Not Just the Law

As we head into the end of 2015, state legislators across the country continue to strengthen, update and, in some instances, broaden the scope of their respective state data breach notification laws. Specifically, many...more

10/1/2015 - Bank Accounts Breach Notification Rule Credit Cards Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Breach Plans Data Protection Data Security Debit Cards Hackers Passwords Personally Identifiable Information Privacy Laws Proposed Legislation Social Security Numbers

EU–US Safe Harbor About to be Struck Down?

Thousands of U.S. and European companies who rely on the EU–US Safe Harbor Framework to permit the transfer of personal data from the EU to the U.S., have come a step closer to seeing the transfer mechanism struck down....more

9/23/2015 - Cybersecurity Data Protection Data Security Data Transfers EU Personal Data Safe Harbors US-EU Safe Harbor Framework

Don’t Wait for It; Recent HIPAA Enforcement Action Signal More to Come in Phase 2 Audits

Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called “Phase 2 Audits” are set to commence...more

9/21/2015 - Audits Breach Notification Rule Business Associates Compliance Corrective Actions Covered Entities Enforcement Actions Healthcare HHS HIPAA HITECH Incident Response Plans OCR Personally Identifiable Information Privacy Policy Privacy Rule Risk Assessment Security Rule

Don't Wait for It; Recent HIPAA Enforcement Action Signal More to Come in Phase 2 Audits

Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called "Phase 2 Audits" are set to commence...more

9/21/2015 - Breach Notification Rule Cloud Computing Corrective Actions Covered Entities Cybersecurity Data Breach Data Security Electronic Medical Records Enforcement Actions Health Care Providers Healthcare HHS HIPAA HITECH Hospitals OCR Personally Identifiable Information PHI Privacy Rule Risk Assessment

Third Circuit to Wyndham (Part II): "Deceptive" is also "Unfair" in the Cybersecurity Context

In Part I, we discussed the Third Circuit's finding that the "unfair" prong of the FTC Act does not require the agency to provide specific cybersecurity standards with "ascertainable certainty" to which companies must...more

9/11/2015 - Cybersecurity FTC FTC v Wyndham Hackers Misleading Statements Privacy Policy Public Statements Unfair or Deceptive Trade Practices Wyndham

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

New Guidance for Financial Institution Directors and Officers In Cybersecurity Preparedness

Earlier this summer, the Federal Financial Institutions Examination Council (FFIEC) released its highly anticipated Cybersecurity Assessment Tool (Assessment), which is designed to assist financial institutions in identifying...more

8/26/2015 - ATMs Banking Sector Banks Caremark claim Cloud Computing Compliance Credit Cards Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Protection Data Security Debit Cards FFIEC Financial Institutions Hackers Internet Service Providers (ISPs) Mobile Payments NCUA NIST OCC Regulatory Standards Risk Management

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