Jo-Ellyn Sakowitz Klein

Jo-Ellyn Sakowitz Klein

Akin Gump Strauss Hauer & Feld LLP

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United States and European Union Reach Agreement in Principle for Continued Transatlantic Data Transfers Following Safe Harbor...

In the wake of the European Court of Justice’s (“CJEU”) landmark decision of Schrems v. Data Protection Authority earlier this month, the EU Justice Commissioner Vera Jourova announced this week that the EU has “agreed in...more

11/2/2015 - Article 29 Working Group Binding Corporate Rules Data Protection Authority EU Data Protection Laws European Court of Justice (ECJ) FTC International Data Transfers Model Contracts NSA Schrems v Data Protection Commissioner US-EU Safe Harbor Framework

Senate Passes Burr-Feinstein Cybersecurity Bill

The Senate has passed the Cybersecurity Information Sharing Act (S.754, CISA), sponsored by Sens. Richard Burr (R-NC) and Dianne Feinstein (D-CA), the chair and vice-chair of the Senate Intelligence Committee, by a margin of...more

10/28/2015 - CISA Cybersecurity Information Sharing Pending Legislation Popular

European Court of Justice Strikes Down Data Transfer Agreement Between United States and European Union

If you read one thing... - Just this week, Europe's highest court struck down the U.S.-EU Safe Harbor Framework, stating that it failed to adequately protect the privacy rights of EU citizens. - The ruling,...more

10/8/2015 - Data Protection Authority EU EU Data Protection Laws European Commission European Court of Justice (ECJ) International Data Transfers Schrems v Data Protection Commissioner US-EU Safe Harbor Framework

SEC OCIE Sharpens Focus on Cybersecurity

If you read one thing... - On September 15th, the SEC OCIE announced in a Risk Alert it will launch a second round of cybersecurity examinations of registered broker-dealers and investment advisers, which will be more...more

9/21/2015 - Cybersecurity Data Protection Industry Examinations NIST OCIE Risk Alert Risk Assessment Risk Management SEC Security and Privacy Controls Training

3rd Circuit Affirms FTC’s Cybersecurity Oversight

If you read one thing: - The Federal Trade Commission (FTC) secured a major appellate victory in its quest to challenge lax corporate cybersecurity practices - In light of the 3rd Circuit’s decision,...more

9/1/2015 - Appeals Cybersecurity Data Breach Enforcement Actions FTC FTC Act FTC v Wyndham Hotels Section 5 Security and Privacy Controls Strategic Enforcement Plan Unfair or Deceptive Trade Practices Wyndham

Criminal Cyberattacks: The No. 1 Cause of Health Care Data Breaches in 2014

A new study released on May 7, 2015, by the Ponemon Institute revealed that criminal cyberattacks on health care organizations were the most prevalent cause of data breaches in 2014. The report underscores the need to think...more

5/13/2015 - Cyber Attacks Data Breach Health Care Providers Healthcare Healthcare Facilities HIPAA Popular Risk Assessment Risk Mitigation

California Eyes Groundbreaking Privacy and Cybersecurity Legislation

In California, home to Silicon Valley, Biotech Beach, drones and some of the nation’s strongest laws protecting personal and consumer privacy, legislators are grappling with how to balance popular innovations in technology...more

3/23/2015 - Cybersecurity Legislative Agendas Popular Privacy Laws Proposed Legislation

White House Releases Revised Consumer Privacy Bill of Rights

On Friday, February 27, 2015, the White House released a revised version of its 2012 proposal for a consumer privacy bill of rights. The revised legislative proposal largely tracks with the 2012 proposal in that it focuses on...more

3/2/2015 - Consumer Privacy Bill of Rights Corporate Counsel Covered Entities Enforcement Authority FTC Obama Administration Proposed Legislation

SEC Reports Widely Divergent Levels of Cybersecurity Preparedness

This week the U.S. Securities and Exchange Commission (SEC) Office of Compliance Inspections and Examinations (OCIE) announced the results from a sweep of U.S. broker-dealers and investment advisers on cybersecurity. The...more

2/6/2015 - Broker-Dealer Cybersecurity Investment Adviser OCIE Risk Alert SEC

Congress Steps Up Efforts to Pass Cybersecurity Legislation

Congress has been trying for several years to pass cybersecurity legislation, and the number of bills hitting the hopper has increased steadily over recent months. Nearly half a dozen bills have been introduced since January...more

5/12/2014 - Cybersecurity Legislative Agendas Legislative Process Proposed Legislation Public Comment

White House Releases Report on “Big Data”

The White House released its report on “big data” today, making several policy recommendations for the use of personal data in the commercial, educational and health care sectors. The report was spurred at the request of...more

5/2/2014 - Big Data Cybersecurity Data Breach Data Protection

Is It Time to Adopt a Forum Selection Bylaw?

The boards of all public companies should consider adopting a forum selection bylaw, if they have not already put one in place. The purpose of such a provision is to designate an exclusive venue for stockholder derivative...more

1/8/2014 - Board of Directors Bylaws Corporate Governance Forum Selection

Address Boardroom Confidentiality

Bill Ackman’s public disclosure earlier this year of confidential JC Penney board deliberations not only outraged his fellow directors but also stunned the corporate community. His actions, however, were not without...more

1/6/2014 - Board of Directors Confidential Information Corporate Counsel Corporate Governance

Dealing with Activist Investors

Shareholder activism is on the rise. Through the first three quarters of 2013, activist investors submitted 91 initial Schedule 13D filings, well on pace to eclipse the 109 filings made in all of 2012. In addition, proxy...more

1/3/2014 - Investors Proxies Proxy Contests Shareholder Activism Shareholder Litigation Shareholders

Push to Diversify Boards Picks Up Steam

In addition to heightened focus on director tenure, companies are facing increasing pressure to diversify their boards. The SEC requires companies to disclose whether and how the board or nominating committee considers...more

1/2/2014 - Board of Directors Corporate Governance Diversity EU SEC

Director Tenure Draws Increasing Investor Attention

The Wall Street Journal recently highlighted director tenure in an article titled “The 40-Year Club: America’s Longest Serving Directors.” While the article noted that fewer than 30 public company directors have at least 40...more

12/31/2013 - Board of Directors Corporate Counsel Corporate Governance Directors Independent Boards Proxy Season S&P

Split Decision: Whether to Separate the CEO and Board Chair Positions

Whether to separate the CEO and chairman positions is one of the most hotly debated issues in corporate governance. During the 2013 proxy season, calls for an independent board chair were the second most frequent proposal...more

12/30/2013 - Board of Directors CEOs Corporate Governance JPMorgan Chase

Changing Healthcare Landscape Poses Challenges for Directors

Despite the continuing legal challenges and political hardball, as well as the delays and technical glitches, it appears that the Patient Protection and Affordable Care Act, more commonly known as Obamacare, is here to stay. ...more

12/27/2013 - Affordable Care Act Board of Directors Compliance Directors Employer Mandates Health Insurance Exchanges Healthcare Healthcare Reform Pay or Play

Executive Compensation Considerations for 2014

Executive compensation is a topic that just won’t go away, particularly with pay disparity and pay for performance regulations still looming. We highlight below some of the matters directors should be considering as they...more

12/26/2013 - Board of Directors CEOs Chief Compliance Officers Clawbacks Compensation Committee Corporate Counsel Directors Disclosure Requirements Dodd-Frank Executive Compensation Pay Ratio Pay-for-Performance Proxy Advisors Proxy Voting Guidelines Sarbanes-Oxley Say-on-Pay SEC

Growing Demands of Compliance Oversight Weighing Down Directors

Constantly changing and overlapping legislative and regulatory requirements are weighing down corporations and usurping more and more board time. It is a telling sign when, according to a recent survey, directors ranked...more

12/26/2013 - Board of Directors Chief Compliance Officers Compliance Corporate Counsel Corporate Governance Directors Whistleblowers

Cybersecurity on Radar Screen of Boards of Directors

Cybersecurity has become one of the hottest topics in the boardroom as companies wrestle with ever increasing threats to their information systems and intellectual property. A recent study by the Ponemon Institute found that...more

12/17/2013 - Board of Directors Corporate Counsel Cybersecurity Cybersecurity Framework Risk Management

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