Jennifer Archie

Jennifer Archie

Latham & Watkins LLP

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Keeping Your Company’s Data Safe This Tax Season

Tax-related identity theft is nothing new, but tax season 2016 took tax schemes to a new level. Last year, our cyber experts advised a large cluster of clients (public and private companies) over a period of only two...more

2/14/2017 - Cybersecurity Email Human Resources Professionals Identity Theft IRS Payroll Records Phishing Scams W-2

NYSDFS Revises Cybersecurity Rules to Accommodate Industry Concerns

The revised regulations eliminate many of the categorical requirements in the original proposal and instead adopt a more risk-based approach. On December 28, 2016, the New York State Department of Financial Services...more

1/6/2017 - Amended Rules Cybersecurity NYDFS Risk Assessment State Data Breach Notification Statutes

Financial Institutions Await Response to Concerns Over NYSDFS’ Proposed Cybersecurity Rules

Comments submitted on the proposed regulations criticize the lack of a risk-based approach, overbroad definitions, potential extraterritorial implications, an excessive breach notification threshold and a daunting annual...more

12/23/2016 - Chief Information Officers (CIO) Cybersecurity Financial Institutions NYDFS Proposed Regulation

China Issues Its First Network Security Law

The Standing Committee of the National People’s Congress of the People’s Republic of China (PRC) has introduced China’s first and comprehensive Network Security Law (also referred to as Cybersecurity Law). The law will have...more

11/30/2016 - China Cybersecurity Personal Data Proposed Regulation

China Issues Its First Network Security Law

The law will have far-reaching implications for parties that utilize the Internet and handle network data and personal information in the PRC. On November 7, 2016, the Standing Committee of the National People’s Congress...more

11/22/2016 - China Cybersecurity Data Security Electronically Stored Information Network Security Personally Identifiable Information

Prevent and Prepare for a Cybersecurity Breach

Hacking of organizations’ systems is becoming increasingly commonplace, even with advancements in security practices. To mitigate risk, a company must have an enterprise-level, cross-functional incident response plan that is...more

11/22/2016 - CISO Cybersecurity Data Protection Hackers Risk Assessment

FCC Institutes New Privacy Regime for Broadband Providers and Other Telecommunications Carriers

Landmark ruling establishes a variety of new obligations, but long-term effects remain unclear. On November 2, 2016, the US Federal Communications Commission (FCC) released an order adopting new privacy rules that will...more

11/17/2016 - Broadband Data Protection FCC Privacy Policy Telecommunications

Mitigating Cybersecurity Risks

Hacking of organisations’ systems is becoming increasingly commonplace, even with advancements in security practices. To mitigate risk, a company must have an enterprise-level, cross-functional incident response plan that is...more

11/10/2016 - Cybersecurity Data Breach Risk Management Security and Privacy Controls

5 Preventative Steps to Manage Legal Risk Following a Cybersecurity Breach

Preparing for and rehearsing how to respond to a breach is as important as improving security systems and protocols. Hacking of organizations’ systems is becoming increasingly commonplace, even with advancements in...more

11/9/2016 - Best Practices Cyber Attacks Cybersecurity Risk Assessment Risk Management

Employee Notice Provision of Defend Trade Secrets Act – Immediate Action Needed

New law requires employers to give notice of immunity rights in order to recover enhanced damages. President Obama signed the Defend Trade Secrets Act (DTSA) into law on May 11, 2016. Certain relief available to...more

5/13/2016 - Defend Trade Secrets Act (DTSA) Employment Contract Enhanced Damages Misappropriation Notice Requirements Private Right of Action Whistleblower Protection Policies

FCC Proposes Sweeping Broadband Privacy Rules

Broadband Internet access service providers would face a new, top-to-bottom consumer privacy regime. Twelve months after the US Federal Communications Commission (FCC) imposed common-carrier telecommunications rules on...more

4/13/2016 - Breach Notification Rule Broadband Comment Period Customer Proprietary Network Information (CPNI) Data Security Data-Sharing FCC Internet Privacy Internet Service Providers (ISPs) Open Internet Rules Opt-Outs Personally Identifiable Information Proposed Regulation Third-Party

Privacy Shield is on its Way

On March 17, 2016, the Civil Liberties Committee convened to discuss whether the Privacy Shield framework that will replace Safe Harbor provides adequate protection to the data of EU citizens. A number of experts were...more

3/24/2016 - Article 29 Working Party (WP29) Data Protection Authority EU EU-US Privacy Shield European Commission FTC International Data Transfers Judicial Redress Act Ombudsman Personal Data Standard Contractual Clauses Surveillance U.S. Commerce Department US-EU Safe Harbor Framework

What You Need to Know About the Cybersecurity Act of 2015

Legislation may change the way government and the private sector collaborate on cybersecurity. After years of vigorous debate and numerous false starts, in the closing hours of its 2015 session, the US Congress...more

2/19/2016 - Cyber Attacks Cyber Threats Cybersecurity Information Sharing Act (CISA) Cybersecurity National Action Plan (CNAP) DHS NCCIC Private Sector Public Sector

Proposal of EU-US Privacy Shield Leaves Businesses in State of Uncertainty

Earlier this week, the European Commission announced that a “political” agreement has been reached on a new framework for data flows from the EU to the US. The announcement highlights a few changes from the old Safe Harbor...more

2/5/2016 - Article 29 Working Party (WP29) Binding Corporate Rules EU EU-US Privacy Shield European Commission European Court of Justice (ECJ) International Data Transfers Ombudsman Personal Data Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

FTC Administrative Law Judge Issues Initial Decision in LabMD Matter

In a stunning victory, an administrative law judge has recommended the dismissal of a long-pending US Federal Trade Commission (FTC) complaint against LabMD, Inc. (LabMD). In a strongly worded opinion in a case that had...more

11/18/2015 - ALJ Data Breach Enforcement Actions FTC LabMD Security and Privacy Controls

7 Tips for Conducting Effective Cybersecurity Due Diligence in M&A Transactions

1. Start Early - Buyers should begin conducting cybersecurity risk assessments early in the engagement process. The target should be able to identify which information technology systems and data sets are key to the...more

10/30/2015 - Complex Corporate Transactions Cyber Insurance Cybersecurity Due Diligence Popular Risk Assessment Risk Management Young Lawyers

European Data Protection Authorities Grant Grace Period Until End of January 2016

The so called Article 29 Working Party met on October 15, 2015 to discuss the consequences of the Schrems Judgment of the European Court of Justice (ECJ). On October 16, 2015, the Working Party published a Statement...more

10/19/2015 - Article 29 Working Group Binding Corporate Rules Data Protection Authority EU EU Data Protection Laws European Commission European Court of Justice (ECJ) International Data Transfers Judicial Redress Act Legislative Agendas Member State Model Contracts Schrems v Data Protection Commissioner

European Court of Justice: Safe Harbor Decision Is Invalid!

On October 6, the European Court of Justice ruled that Decision 2000/520 of the European Commission, which stated that Safe Harbor-certified US companies provide adequate protection for personal data transferred to them from...more

10/7/2015 - Binding Corporate Rules Data Protection Authority EU EU Data Protection Laws EU Directive European Commission European Court of Justice (ECJ) FTC International Data Transfers Member State Model Contracts US-EU Safe Harbor Framework

St. Elizabeth’s Medical Center Pays $218,400 to Settle Alleged HIPAA Security Case Stemming from Use of Cloud-Based Document...

Alleged HIPAA Violations Resulted from Medical Center’s Failure to Risk Assess Internet-Based Document Sharing Application and Inadequate Breach Response. The US Department of Health and Human Services (HHS) Office for...more

9/2/2015 - Business Associates Cloud Computing Covered Entities Data Breach Data-Sharing Electronic Medical Records Enforcement Actions Health Care Providers HHS HIPAA Hospitals OCR Patient Confidentiality Breaches PHI Risk Management Security Breach

FCC Releases New Clarifications Regarding the TCPA

On July 10, the Federal Communications Commission (“FCC”) released the text of a Declaratory Ruling and Order, initially adopted on June 18, that provides various clarifications regarding the Telephone Consumer Protection Act...more

7/17/2015 - Auto-Dialed Calls Declaratory Rulings FCC Prior Express Consent Reassigned Phone Numbers TCPA Text Messages Wireless Devices

What General Counsel Need To Know About The Latest Cybersecurity Developments

In the wake of reported security breaches at a number of significant financial institutions, cybersecurity is garnering more attention and concern than ever before — both within the financial services industry and among...more

2/27/2015 - Banks Corporate Counsel Critical Infrastructure Sectors Cybersecurity Data Protection Financial Institutions Internet NIST OCIE Popular SEC SIFMA

SEC Issues Regulation SCI Upping Information Security Requirements for Key Market Participants

The SEC today published in the Federal Register its Regulation SCI (Regulation Systems Compliance and Integrity), which requires key market participants to have and implement written policies and procedures reasonably...more

12/9/2014 - Disclosure Requirements Financial Markets Market Participants Regulation SCI SEC

California's Privacy Laws on the Move

The State of California, long the most proactive U.S. state in enacting data privacy laws, has again modified its breach notification and data protection laws. This week, Governor Jerry Brown signed two privacy bills into...more

10/7/2014 - Data Breach Data Protection Jerry Brown New Legislation Notice Requirements SOPIPA Students

The General Counsel’s Role Before and After a Data Breach Incident

“It is often said that there are two kinds of companies out there — those that have suffered a data breach and those that will have one,” said Latham & Watkins partner Kevin Boyle. “So it makes a lot of sense to be prepared...more

10/7/2014 - Corporate Counsel Cybersecurity Data Breach Popular Risk Assessment Risk Management

Microsoft Stands Up in Court for European Privacy Rights?

A Stored Communications Act (SCA) search warrant case arising out of a New York federal narcotics trafficking investigation is being closely watched by EU data protection authorities, privacy advocates, multinational...more

9/10/2014 - Data Protection Electronically Stored Information EU EU Data Protection Laws Microsoft Popular Stored Communications Act

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