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NYDFS: A Lawyer’s Responsibility

New York Financial Regulator to Enforce First-of-Its-Kind Cybersecurity Regulations in Coming Weeks - On December 28, 2016, the New York Department of Financial Services (NYDFS) issued revised cybersecurity regulations...more

EU-U.S. Privacy Shield: “Open for Business”

On August 1, 2016, the Department of Commerce began accepting applications for self-certification under the new Privacy Shield requirements. Privacy Shield was approved by the European Union (EU) on July 12, 2016, and...more

HIPAA Audit Program Update—HHS OCR Moves Forward with Desk Audits

As we previously reported, on March 21, 2016, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) launched the long-awaited Phase 2 of the audit program that is intended to assess compliance with...more

SEC Brings Enforcement Action Against a Broker-Dealer for Weak Cybersecurity Controls

On April 12, 2016, the U.S. Securities and Exchange Commission (“SEC”) continued its enforcement of reasonable cybersecurity controls, announcing cease and desist proceedings against a broker-dealer and two of its principals...more

Fourth Circuit Holds General Liability Covers Defense of Data Breach Class Action

The Fourth Circuit affirmed this week that Travelers Insurance (“Travelers”) must defend Portal, a medical records company, against a class action suit stemming from an alleged cyber “publication” of its customers’ personal...more

HHS Steps Up HIPAA Enforcement in 2016, Launching Phase 2 of the HIPAA Audit Program and Announcing Additional Enforcement Actions...

On March 21, 2016, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) launched the long-awaited Phase 2 of the audit program that is intended to assess compliance with the Privacy, Security, and...more

New German Data Protection Law Enables a German Version of “Class Actions”

Germany has enacted a new data protection statute, which came into force on February 24, 2016, and enables business associations and consumer groups to enforce violations of German data protection laws against businesses....more

The President’s FY 2017 Budget Contains Substantial Funding for Cybersecurity

The president’s FY 2017 budget, released today, includes cybersecurity as a national priority. The budget would invest $19 billion in overall federal resources for cybersecurity that are intended to support a broad-based...more

Enforcement Action Possible Against Those Who Rely on Safe Harbor to Transfer Information from the EU to the United States

Wednesday, February 3, brought additional developments pertaining to the transfer of personal data from the EU to the U.S. consistent with EU privacy law. Just one day prior, we reported on the announcement by the EU and U.S....more

Cybersecurity Information Sharing Legislation Passes in Omnibus

If you read one thing... - The omnibus appropriations package includes legislation that provides liability protection to companies who voluntarily engage in cybersecurity information sharing. - The...more

The EU General Data Protection Regulation

On December 15, 2015, European Union (“EU”) politicians and officials reached a political agreement on a new EU-wide legal framework to govern data sharing and collection and related consumer privacy rights. It is called the...more

FTC Suffers a Setback in its Quest to Challenge Lax Corporate Cybersecurity Practices: ALJ Dismisses FTC’s LabMD Complaint

On November 13, 2015, Federal Trade Commission (FTC) Chief Administrative Law Judge Michael Chappell dismissed a suit brought by the FTC alleging that LabMD’s failure to implement reasonable and appropriate data security...more

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

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

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

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

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

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

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

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

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

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

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

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

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

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