Jo-Ellyn Sakowitz Klein

Jo-Ellyn Sakowitz Klein

Akin Gump Strauss Hauer & Feld LLP

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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

8/9/2016 - EU EU-US Privacy Shield International Data Transfers Self-Certification U.S. Commerce Department

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

7/15/2016 - Business Associates Covered Entities HIPAA Audits HITECH OCR PHI

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

4/21/2016 - Broker-Dealer Enforcement Actions Regulation S-P SEC Security and Privacy Controls

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

4/14/2016 - Class Action Commercial General Liability Policies Duty to Defend PHI Travelers

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

3/25/2016 - Business Associates Covered Entities HIPAA Audits HITECH OCR

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

3/7/2016 - Class Representatives Data Protection Enforcement Authority Germany New Regulations Popular

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

2/10/2016 - Cybersecurity Federal Budget Federal Funding

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

2/5/2016 - Article 29 Working Party (WP29) EU EU-US Privacy Shield International Data Transfers Schrems v Data Protection Commissioner US-EU Safe Harbor Framework

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

12/23/2015 - Appropriations Bill Bipartisan Budget Cybersecurity Data-Sharing DHS

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

12/22/2015 - Data Protection Authority EU EU Data Protection Laws International Data Transfers Multinationals Privacy Laws

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

11/30/2015 - Cybersecurity Data Protection FTC FTC Act LabMD Unfair or Deceptive Trade Practices

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

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