Helena Derbyshire

Skadden, Arps, Slate, Meagher & Flom LLP

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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

Privacy & Cybersecurity Update - April 2016

In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more

5/3/2016 - Class Action Commercial General Liability Policies Corporate Counsel Cyber Insurance Cybersecurity Data Breach Encryption EU EU-US Privacy Shield FTC Future Harm General Data Protection Regulation (GDPR) Mobile Health Apps Notice Requirements Standing State Data Breach Notification Statutes Young Lawyers

Privacy & Cybersecurity Update - March 2016

In this edition of our Privacy & Cybersecurity Update, we examine the FCC's proposed privacy rules for broadband providers; new developments relating to the Privacy Shield, which was created to replace the U.S.-EU Safe Harbor...more

4/4/2016 - CFPB Cyber Insurance Cybersecurity Data Protection Authority Data Security Department of Defense (DOD) EU EU-US Privacy Shield FCC Internet Service Providers (ISPs) IRS Phishing Scams Privacy Policy US-EU Safe Harbor Framework

"Privacy & Cybersecurity Update - Historic New 'Privacy Shield' Agreement to Replace EU-US Safe Harbor"

Two days after the original January 31 deadline, the European Union and United States have announced a replacement for the Safe Harbor agreement — the EU-U.S. Privacy Shield — which, if approved, will provide a new framework...more

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

Privacy & Cybersecurity Update - November 2015

Consumer Electronics Association Releases Best Practices For Privacy and Security of Personal Wellness Data - In late October 2015, the Consumer Electronics Association released guiding principles governing the...more

11/30/2015 - Actual Injuries CEA Cybersecurity Do Not Track EU Data Protection Laws FCC Financial Services Industry FTC International Data Transfers Privacy Concerns US-EU Safe Harbor Framework

"EU Banker Bonuses: Collision Avoided?"

On November 12, 2015, the European Banking Authority (EBA) published a follow-up report on the treatment of role-based allowances (Allowances) paid by banks to their staff. The EBA’s original, October 2014 report and opinion...more

11/23/2015 - Bankers Bonuses Capital Requirements CRD IV Directive EBA EU

Privacy & Cybersecurity Update - October 2015

In this edition of our Privacy & Cybersecurity Update, we discuss what companies need to know in the wake of the EU Court of Justice's rejection of the U.S.-EU Safe Harbor framework and take a look at the following important...more

11/3/2015 - CISA Cybersecurity Data Protection Data Protection Authority ECPA EU Data Protection Laws International Data Transfers Mobile Apps New Legislation Personal Data Popular Privacy Policy Safe Harbors Schrems v Data Protection Commissioner US-EU Safe Harbor Framework VPPA

Employment Flash - October 2015

SEC Adopts CEO Pay Ratio Rule - The U.S. Securities and Exchange Commission (SEC) recently adopted a final rule requiring public companies to disclose the ratio of annual pay of their chief executive to median annual pay...more

11/2/2015 - Adverse Action Arbitration Class Action Class Certification Collective Bargaining EEOC Employment Discrimination Expert Fees Expert Witness Fair Pay Act FLSA Grocery Store Workers Grocery Stores Hiring & Firing Joint Employers NCAA NLRB Pay Ratio Pension Deficiencies Retaliation SEC Student Athletes Successor Liability Tenure Title VII Union Dues Women's Equality Act

Privacy & Cybersecurity Update - April 2015

In This Issue: - DOJ Issues Cyber Preparation and Response Guidance - RadioShack’s Plan to Auction Customer Data Highlights Issues Over Treatment of Such Data as an Asset - Google v. Vidal-Hall and...more

5/3/2015 - Commercial Bankruptcy Customer Lists Cyber Attacks Cyber Insurance Cybersecurity Data Breach Data Privacy DOJ FCC Financial Services Authority Google Hulu Information Sharing NAIC Popular RadioShack Third-Party Video Privacy Protection Act

Employment Flash - March 2015

In This Issue: - Supreme Court Rejects Sixth Circuit Yard-Man Vested Benefits Presumption - Supreme Court Revives Pregnancy Discrimination Light Duty Case - NY Wage Theft Protection Act Amended - Senate...more

4/2/2015 - Class Certification Confidentiality Agreements DOL E-Verify Employee Benefits Exempt-Employees FMLA H-1B Home Health Care Minimum Wage NLRA NLRB OFCCP Paid Leave Pregnancy Discrimination Quickie Election Rules Same-Sex Marriage SCOTUS Sex Discrimination Tipped Employees Vesting Wage Theft Prevention Act Yard Man

"Banker Bonuses: UK and EU Remain on Collision Course"

Since 1 January 2014, the EU’s Capital Requirements Directive (CRD)1 has required EU-regulated banks (EU Banks) to limit variable compensation paid to key bank staff to 100 percent of their fixed compensation (or 200 percent...more

10/22/2014 - Bonuses C-Suite Executives EU European Banking Authority Remuneration

"EU Debate on Enforcement of the 'Banker Bonus Cap' Approaches End Game"

Michel Barnier, vice president of the European Commission, recently wrote to the chairman of the European Banking Authority (the EBA), asking the EBA to report by the end of this month on whether allowances paid by EU banks...more

9/15/2014 - Banks Bonuses EU European Commission

Employment Flash (June 2014)

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

7/1/2014 - Affirmative Action Barack Obama CAFA Canning v NLRB Class Action Arbitration Waivers College Athletes Earned Sick Time EEOC Employee Definition Employer Liability Issues FICA Taxes First Amendment Hiring & Firing NLRB PAGA Recess Appointments Retaliation SCOTUS SEC Severance Agreements Severance Pay Sick Leave

"Clawback of Bonuses: UK PRA’s Banking Proposals Cast Six-Year Shadow for Bad Actors and Their Supervisors and Line Managers"

On 13 March 2014, the Prudential Regulation Authority (PRA), the U.K. regulator responsible for prudential supervision of banks, insurers and large broker-dealers, issued a consultation paper on bonus clawback (CP6/14). ...more

3/26/2014 - Bad Actors Clawbacks Corporate Bonuses Prudential Regulation Authority UK

"Collective Dismissals in Europe: Changes in France and the United Kingdom"

European Union employers are required by an EU directive to consult with employees and their representatives, including works councils (an existing employee representative body), when proposing collective dismissals to...more

6/26/2013 - Collective Redundancy Consultations EU Layoffs New Legislation Notice Requirements

"Whistleblower Protection in the UK"

On 25 June 2013, four key changes came into effect in the U.K. law protecting whistleblowers in the workplace. The first two changes are subtle amendments to the test applied to identify a protected disclosure, and the second...more

6/25/2013 - Disclosure Employer Liability Issues EU Good Faith Whistleblowers

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