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DHS and NIST Issue Internet of Things Cybersecurity Guidance

In an apparent effort to fight the kinds of cyberattacks like the massive distributed denial-of-service (DDoS) attack that crippled much of the American internet in October 2016, the Department of Homeland Security (DHS)...more

Business Litigation Reporter - November 2016

On June 12, 2016, the European Commission adopted a new framework for personal data transfers between the European Union (EU) and the United States (US), called the “Privacy Shield.” US companies doing business in Europe may...more

Defend Trade Secrets Act Creates Federal Trade Secret Cause of Action with Enhanced Seizure Remedies; Employers Should Give Notice...

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016, which immediately creates, for the first time ever, a federal civil cause of action for misappropriation of trade secrets. The DTSA adds a federal...more

European Commission Releases Details of EU-U.S. Privacy Shield

The European Commission released its long-awaited draft adequacy decision for the EU-U.S. Privacy Shield, a major step towards the formal approval of the program that is to replace the invalidated Safe Harbors program. The...more

European Commission and United States Agree to New Framework for Transatlantic Data Flows

On Feb. 2, the European Commission and the United States announced an agreement on a new framework for transatlantic data flows. The EU-US Privacy Shield will replace the Safe Harbor framework that was invalidated by the...more

Court Invalidates US-EU Data Transfer Safe Harbor Program

The European Union’s highest court has, effective immediately, invalidated the US-EU Safe Harbor program relied upon by many companies as the basis for lawfully transferring and processing personal information from the EU to...more

Business Litigation Reporter - May 2015

Lawsuit Dismissed Where Defendant Hulu Did Not “Knowingly” Disclose Personal Identifying Information. In In re: Hulu Privacy Litigation, 2015 WL 1503506 (N.D. Cal. March 31, 2015), the plaintiffs alleged that Hulu had...more

Breaches in the Boardroom: What Directors and Officers can do to Reduce the Risk of Personal Liability for Data Security Breaches

Corporate directors and officers may increasingly be targets of shareholder derivative lawsuits in the wake of the surge of regulatory actions and private litigation around data breaches,. While no individual directors and...more

Business Litigation Reporter - February 2015

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

How To Avoid Common Data Breach Pitfalls

Cost of Data Breach in 2014: - $5.9 million U.S. average cost of a data breach - 15% Annual increase in the average cost of a data breach around the world - $201 Average cost paid for each exposed...more

In Riley, Supreme Court Sets Mobile Device Privacy Expectations

In a recent decision with significant implications for smart phone users’ privacy expectations, the Supreme Court, in Riley v. California, unanimously rejected the application of the “incident to arrest doctrine” to law...more

Release of Names With Interests in Offshore Entities: Ramifications

A database containing the names of more than 37,000 people with offshore entities and trusts in 10 tax haven jurisdictions was recently released online, providing a powerful investigative tool for regulators, journalists and...more

Amendments to CalOPPA Enter Into Force Imposing New Requirements for Online Privacy Policies

Recent amendments to California’s Online Privacy Protection Act may have implications for all commercial online operators given the geographically limitless scope of the Internet. The amendments, effective Jan. 1, 2014,...more

FTC Pursuing Incorrect U.S.- EU Safe Harbor Certifications in Privacy Policies

The FTC is reviewing companies with privacy policies that claim U.S.-EU Safe Harbor certification. Companies that are not fully compliant and currently certified may face an FTC enforcement action, which could result in...more

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