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New Executive Order on “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure”

Trump Administration’s required cybersecurity assessments provide potential for new round of public-private collaboration. The Trump Administration recently issued a much anticipated Executive Order (EO) addressing...more

Trump Administration Issues New Executive Order Focused on Strengthening Federal Cybersecurity

The Trump Administration has issued a much anticipated Executive Order (EO),“Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure,” directing federal executive agency heads to undertake various...more

Ransomware Attacks: When Is Notification Required?

Ransomware is not only a growing security threat but a potentially thorny notification issue. Ransomware is one of the most prevalent cybersecurity threats afflicting businesses today. When an attack hits, a victim...more

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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