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The SEC’s Regulation of Cybersecurity Continues

The Securities and Exchange Commission entered into a resolution agreement with R.R. Donnelley & Sons (RRD) on June 18, 2024 with RRD agreeing to pay $2.125 million to resolve disclosure and control violations alleged by the...more

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

For the upcoming 2024 proxy and annual reporting season, there are a number of key issues to consider and keep an eye on for further developments as preparations commence. This alert provides an overview of these issues and...more

Addressing the SEC’s New Cybersecurity Risk Management, Strategy, Governance and Incident Disclosure Requirements

In July 2023, the SEC adopted new cybersecurity rules for the stated purpose of enhancing and standardizing disclosures regarding cybersecurity risk management, strategy, governance and incidents by public companies. The...more

SEC Proposes Rules on Disclosure of Material Cyber Incidents and Cybersecurity Practices for Public Companies

On March 9, 2022, the SEC released proposed rules intended to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance and cyber incident reporting by companies that are subject to the...more

Look Back, Look Ahead: State Attorneys General Enforcement - Part Two

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Hoffman and Victoria Weatherford presented on recent trends and predictions on...more

Look Back, Look Ahead: State Attorneys General Enforcement - Part One

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Hoffman and Victoria Weatherford presented on recent trends and predictions on...more

The Scourge of Ransomware

Our 2021 Data Security Incident Response Report (DSIR) described ransomware as a scourge. There are stories every day about new threat actor groups and their victims. There are task forces, law enforcement initiatives,...more

The Destruction of Privilege and Work Product Protection for Data Breach Investigations?

Attorneys play an important role in the incident response process. A skilled and experienced attorney can help organizations effectively respond to a security incident in a way that complies with obligations, protects key...more

Change and Challenge: What's Next for the Financial Services Industry Brief

On Oct. 25, 2019, BakerHostetler’s Financial Services industry team, in collaboration with the Ohio Bankers League, held its third Financial Services Summit in Columbus, Ohio. The speakers included Ohio Senator Sherrod Brown...more

Increased Ransomware Attacks Affecting All Industries

Organizations across all industries, including government agencies, are facing a surge of ransomware attacks launched by cybercriminals. New types of ransomware principally causing this surge have the potential to cause...more

Ohio Law Offers Safe Harbor to Companies Meeting Cyber Standards

Ohio will soon have a law in place that provides a “legal safe harbor” from tort claims related to a data breach, to entities that have implemented and comply with certain cybersecurity frameworks. It remains to be seen...more

Do You Need a Chief Digital Risk Officer (or Digital Risk Working Group)?

Axioms are common in the privacy and security space. One that has been popping up with more frequency is “privacy and security is an enterprise risk that requires an enterprise-wide effort to appropriately address.” It is...more

[Webinar] Building Cyber Resilience: Compromise Response Intelligence in Action - April 11th, 11:30am ET

Cyber threats are here to stay. No company, large or small, is immune. But there are basic measures you can take to prepare for the legal and business risks associated with an attack. Join members of BakerHostetler’s...more

SEC Clarifies Existing Cybersecurity Disclosure Guidance

On February 21, 2018, the U.S. Securities and Exchange Commission (“SEC”) issued cybersecurity disclosure guidance for public companies (“SEC Guidance”) that, according to SEC Chair Jay Clayton, “reinforces and expands” on...more

[Webinar] Be Compromise Ready: Go Back to the Basics - May 9th, 12:00pm EDT

Cyber threats are here to stay. No company, large or small, is immune. But there are basic measures you can take to prepare for the legal and business risks associated with an attack....more

Be Compromise Ready: Go Back to the Basics

We are excited to release our third annual BakerHostetler Data Security Incident Response Report. This report analyzes the more than 450 data security incidents we led clients through in 2016. Companies continued to...more

Crowdsourcing Cybersecurity in 2017

BakerHostetler began publishing its Data Security Incident Response Report in 2015. Although we were the first law firm to do so, inspiration for the report came from similar reports that cybersecurity firms issue. We will be...more

What Can Be Learned From 2016 Security Incidents?

Cue the year-end articles saying that this was the worst year to date for data breaches. Follow that with more dire predictions for 2017. Layer in one-size-fits-all recommendations to mitigate these risks. And finish with...more

Home Depot Evades Shareholder’s Derivative Suit for 2014 Data Breach

Public companies that are proactively working to mitigate “cyber” risks and prepare to respond to potential incidents frequently ask whether a “breach” will lead to litigation, loss of customers, stock price decline, and...more

PayPal Reaches Settlement With Texas Over Venmo Privacy and Security Disclosures

Venmo is a peer-to-peer mobile payments service that PayPal acquired in 2013. Users can transfer money to another person using a mobile or web application (e.g., send money to a friend to split the cost of dinner). On May 20,...more

The CFPB Joins Privacy and Security Enforcement Arena With Action Against Dwolla

The Consumer Financial Protection Bureau (CFPB) announced on March 2, 2016, that it had entered into a consent order with online payment platform Dwolla to resolve the CFPB’s claims regarding statements made by Dwolla about...more

[Webinar] The New Class Action Risks for 2016 in Consumer Financial Services - Feb. 10th, 12:00pm, EST

Please join the BakerHostetler Class Action Defense Team's webinar on February 10, 2015, from 12:00-1:15 p.m., discussing the risks and trends expected to affect consumer financial services in 2016. The presenters will draw...more

Five Questions Clients Asked Most Often in 2015 About Incident Response

We provided incident response and incident response preparedness services to hundreds of companies in 2015. The questions we answered were as unique and varied as the incidents companies faced....more

How and Why to Pick a Forensic Firm Before the Inevitable Occurs

A forensic investigation by a security firm often does (and should) drive decision-making in response to an incident. Because the work of a security firm usually drives the critical path of a response, companies can become...more

EMV Liability Shift Update – What Liability Actually Shifts?

With the October 1, 2015 liability shift deadline looming, merchants who have not yet made the change continue to evaluate the cost of accepting EMV cards versus the liability that will shift from the issuer to the merchant...more

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