Jennifer Archie

Jennifer Archie

Latham & Watkins LLP

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Latest Publications


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

Eight Key Takeaways from FTC's Settlement with Snapchat

Yesterday, the Federal Trade Commission announced a settlement with Snapchat, the young mobile messaging company. The complaint alleges misrepresentations about functionality and related security as well as privacy...more

5/12/2014 - Data Collection Enforcement Actions FTC Mobile Apps Mobile Privacy Mobile Services Settlement SnapChat Social Networks Third-Party

California Governor Jerry Brown Signs "Do Not Track" Disclosure Bill

Governor Jerry Brown signed California Assembly Bill 370 (“A.B. 370”), an amendment to the California Online Privacy Protection Act (“CalOPPA”), into law on Friday, September 27. As previously reported here, A.B. 370 requires...more

10/4/2013 - CalOPPA Disclosure Requirements Do Not Track Internet Jerry Brown

California Legislation Requiring Disclosure of "Do Not Track" Practices Heads to Governor's Desk

On September 3, 2013, California Assembly Bill 370 (“A.B. 370”), an amendment to the California Online Privacy Protection Act (“CalOPPA”), was enrolled and sent to Governor Jerry Brown for his signature. A.B. 370, which was...more

9/9/2013 - CalOPPA Do Not Track Jerry Brown New Legislation Online Privacy Protection Act Privacy Laws Web Tracking Websites

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