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Cybersecurity Incidents: 10 Things a General Counsel Must Know About EU Cyber Incidents

Cybersecurity incidents pose legal challenges for in-house counsel, alongside their technical implications. This overview highlights key aspects that legal departments must know when reacting to data breaches. ...more

New Cyber Incident Reporting Requirements on the Horizon in the US

Companies should take steps now to prepare for the new rules and expectations. The US government continues to expand regulatory requirements around notification and disclosure of major cyberattacks or incidents. ...more

Biden’s Cyber Executive Order: How It Could Impact Your Business

President Biden signed an executive order to bolster the federal government’s cybersecurity posture on May 12. The order focuses on implementing vital improvements to networks of federal departments and agencies, many of...more

A Look Ahead at the Biden Administration’s Regulatory and Enforcement Priorities [Video]

With the new administration poised to take office, public and private companies will need to consider how President Biden’s regulatory, enforcement, and legislative priorities will affect their businesses. During this...more

Financial Firms Beware: Dangers Lurk in the Cloud

US regulators are calling attention to financial firms’ obligations to protect against evolving cybersecurity threats. On October 2, 2019, the Financial Industry Regulatory Authority (FINRA) issued an information notice to...more

FTC Hearings Discuss the State of Data Security in the 21st Century

Ninth hearing on Competition and Consumer Protection in the 21st century highlights challenges of addressing persistent threats to data security. On December 11 and 12, the Federal Trade Commission (the FTC or the...more

A New Era for Data Protection in Brazil

The Brazilian Congress has been working on a bill relating to the protection of personal data for over eight years. The Senate approved the bill, known as the General Data Protection Act (GDPA), on 10 July 2018, and the bill...more

California Consumer Privacy Act of 2018 May Usher in Sweeping Change

Businesses active in California should promptly assess whether the law applies to their practices and start planning towards compliance with the new law. Key Points: ..A sweeping new privacy law — the California...more

Boardroom Perspectives: 5 Key Takeaways on Cybersecurity

What directors really need to know about the SEC guidance that has generated so much chatter. With so much boardroom attention on cybersecurity, directors continue to focus on the Securities and Exchange Commission (SEC)...more

US Government Contractors Face New Cybersecurity Requirements

As of December 31, 2017, many United States government contractors face a new compliance requirement involving cybersecurity. This requirement will govern most new Department of Defense (DoD) contracts and, significantly,...more

New DoD Cybersecurity Requirements Go Into Effect

The DFARS final rule requires contractors to safeguard information systems and imposes investigation and reporting requirements in the case of cyber incidents. As of December 31, 2017, many United States government...more

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

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

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

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

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

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

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