Ivan A. Schlager

Ivan A. Schlager

Skadden, Arps, Slate, Meagher & Flom LLP

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"Privacy & Cybersecurity Update - November 2016"

In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the...more

12/2/2016 - Administrative Appeals Appeals China Critical Infrastructure Sectors Cybersecurity Cybersecurity Laws Data Breach Data Security FTC FTC Act Geo-Blocking LabMD LinkedIn NIST Russia Section 5 Third-Party Service Provider Unfair or Deceptive Trade Practices

"Privacy & Cybersecurity Update - September 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more

10/3/2016 - Article III CFTC Class Action Commodities Corporate Counsel Cybersecurity Data Breach Data Protection Data Protection Authority EU EU-US Privacy Shield Financial Institutions Financial Markets Financial Sector FTC Germany International Data Transfers NIST NYDFS Personal Data Popular Standing UK Young Lawyers

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

"Third Time’s the Charm: Court Upholds FCC Net Neutrality Regulations"

Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in a lengthy 2-1 decision denied various challenges to the Federal Communications Commission’s (FCC or Commission) 2015 Open Internet...more

6/15/2016 - Broadband Communications Act of 1934 FCC First Amendment Internet Internet Service Providers (ISPs) Net Neutrality Open Internet Rules Telecommunications Title II

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

"Insights Conversations: Debunking CFIUS Myths"

The Committee on Foreign Investment in the United States (CFIUS) is a critical component of cross-border deals involving U.S. targets. The head of Skadden's CFIUS practice, Ivan Schlager, and Palo Alto corporate partner Ken...more

4/26/2016 - Acquisitions CFIUS China Cross-Border Transactions Foreign Acquisitions Foreign Investment Mergers National Security Risk Assessment

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

"CFIUS’s Annual Report to Congress Highlights Decrease in Investigations, Need for Transparency "

Key Developments - The Committee on Foreign Investment in the United States (CFIUS) is an interagency organization charged with identifying potential national security risks posed by foreign acquisitions of U.S....more

3/2/2016 - Acquisitions Annual Reports CFIUS China Critical Infrastructure Sectors Foreign Investment Mergers National Security Technology Sector

"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

"Communications: 2016 Could Be Defining Year for Net Neutrality, Spectrum Auction"

Last year, the Federal Communications Commission (FCC) closed in on two historic accomplishments. After years of laying the groundwork, the FCC issued its net neutrality regulations as well as final rules and opening bid...more

1/21/2016 - Auction Broadband Communications Act of 1934 Competitive Bidding FCC Internet Net Neutrality Spectrum Telecommunications Wireless Technology

"CFIUS Trends Inform Cross-Border Activity"

In a reflection of current M&A activity, Committee on Foreign Investment in the United States (CFIUS) cases have shifted in their geographic and industry focuses over the years, from the United Kingdom and other locations to...more

1/20/2016 - Acquisitions CFIUS China Cross-Border Transactions Foreign Investment Mergers Popular Telecommunications UK

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

"FCC Regulatory Initiatives May Spur Foreign Investment in Broadcast and Telecom Entities"

Recent Federal Communications Commission (FCC or Commission) and Obama administration initiatives may help to spur foreign investment in U.S. entities holding broadcast, telecommunications and other licenses issued by the...more

11/11/2015 - Broadcasting FCC Foreign Investment Licensing Rules Team Telecom Telecommunications

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

"What Every General Counsel Needs to Know to Comply With New Bureau of Economic Analysis Reporting Requirements"

In 1976, Congress passed legislation requiring the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to collect information on investment flows between the United States and foreign countries. Subsequently...more

4/14/2015 - Airlines BEA Corporate Counsel Credit Cards Financial Institutions Foreign Investment International Finance Investment Funds Penalties Reporting Requirements Surveys

"President Obama Announces New Cybersecurity Sanctions Regime"

On April 1, 2015, President Barack Obama issued an executive order (the Order) authorizing sanctions against foreign individuals or entities found to be responsible for certain malicious cyberattacks. Under the Order, the...more

4/9/2015 - Barack Obama Blocked Person CFIUS Cyber Attacks Cybersecurity Executive Orders OFAC Sanctions SDN List

"CFIUS’s Annual Report to Congress Details Longer Process, More Aggressive Risk Mitigation"

Key Developments - The Committee on Foreign Investment in the United States (CFIUS) is an interagency, Executive Branch organization charged with identifying potential national security risks posed by foreign...more

3/4/2015 - Annual Reports CFIUS Cross-Border Transactions Risk Assessment Risk Mitigation

"New Reporting Requirements on the Horizon for US Financial Services Providers Doing Business With Non-US Persons"

Following closely on the heels of the reinstated reporting requirements for inbound and outbound direct investment involving U.S. entities, the U.S. Department of Commerce’s Bureau of Economic Analysis (BEA) has announced...more

3/3/2015 - Banking Sector Bureau of Economic Analysis Financial Institutions Foreign Direct Investment Foreign Nationals Reporting Requirements U.S. Commerce Department

"FCC Adopts Net Neutrality Regulations — Judicial Challenges Lie Ahead"

Yesterday, the Federal Communications Commission (FCC or Commission) voted 3-2 along party lines to approve revised network neutrality regulations that, if allowed to stand, will have far-reaching implications for the...more

2/27/2015

"Implications of National Security Reviews on Foreign Acquisitions of US Businesses"

The Committee on Foreign Investment in the United States (CFIUS) can have a significant impact on transactions involving foreign acquirers. Parties considering cross-border merger and acquisition transactions should be aware...more

2/11/2015 - Administrative Review Board CFIUS China Corporate Counsel Cross-Border Transactions OFAC Ralls Corporation

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