Keith Gerver

Keith Gerver

Cadwalader, Wickersham & Taft LLP

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Potential Risks and Rewards of Cybersecurity Information Sharing Under CISA

When President Obama signed into law the Cybersecurity Act of 2015, which was designed to facilitate information sharing on cybersecurity threats between the public and private sectors, proponents hailed it as “our best...more

7/22/2016 - Cyber Crimes Cyber Threats Cybersecurity Cybersecurity Information Sharing Act (CISA) Data Protection DHS Information Sharing Personally Identifiable Information PHI Private Sector

Dual Decisions Provide Narrow Path for Plaintiffs to Establish Standing in Data Breach and Cybersecurity Suits

Last week, decisions by the United States Supreme Court and the Northern District of Georgia provided further guidance regarding the narrow path required for a class action plaintiff to successfully establish Article III...more

5/24/2016 - Article III Class Action Cybersecurity Data Breach FCRA Home Depot Injury-in-Fact Malware Popular SCOTUS Spokeo v Robins Standing Statutory Damages

In Wake of the Panama Papers, Treasury Proposes New Reporting Requirements for Foreign-Owned Legal Entities

On May 10, 2016, the Treasury Department issued proposed regulations that, if approved, will require business entities formed in the United States that are owned by a single foreign person to obtain an employer identification...more

5/19/2016 - Beneficial Owner Business Entities Employer Identification Number (EIN) FinCEN Foreign Ownership IRS Money Laundering Mossack Fonseca Offshore Funds Panama Papers Recordkeeping Requirements Reporting Requirements Tax Evasion Tax Haven

OFAC Publishes Cyber-Related Sanctions Regulations

On December 31, 2015, the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued regulations implementing Executive Order 13694 of April 1, 2015, which authorized the imposition of economic sanctions on...more

1/11/2016 - Cyber Attacks Cyber Threats Economic Sanctions Executive Orders OFAC SDN List

President Obama Signs Cybersecurity Act of 2015 to Encourage Cybersecurity Information Sharing

On December 18, 2015, President Obama signed into law a $1.1 trillion omnibus spending bill that contained the Cybersecurity Act of 2015 (the “Act”), a compromise bill based on competing cybersecurity information sharing...more

12/28/2015 - Cyber Threats Cybersecurity Information Sharing New Legislation Popular Private Sector

The Obama Administration’s Personal Data Notification & Protection Act: An Analysis

On January 12, 2015, President Obama proposed the Personal Data Notification & Protection Act, which would create a federal standard for data breach notification. The proposed bill is part of a more wide-ranging effort by the...more

2/13/2015 - Barack Obama Cybersecurity Federal Breach Notification Standard Proposed Legislation

DOJ And FTC Release Joint Antitrust Policy Statement Regarding Sharing Of Cybersecurity Information

On April 10, 2014, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued an Antitrust Policy Statement on Sharing of Cybersecurity Information explaining that competitors can share legitimate...more

4/16/2014 - Cybersecurity DOJ FTC

U.S. District Court Confirms FTC Authority To Regulate Corporate Data Security Practices

On April 7, 2014, Judge Esther Salas of the U.S. District Court for the District of New Jersey denied the first ever motion to dismiss filed in Federal court that challenged the authority of the Federal Trade Commission (“the...more

4/11/2014 - Cybersecurity Data Protection Financial Regulatory Reform FTC FTC Act

CFIUS Scrutiny of Foreign Acquisitions of U.S. Businesses Intensifies (Quorum, March 2014)

The most recently released annual report (for 2012) by the Committee on Foreign Investment in the United States (CFIUS) highlights a sharp increase in abandoned deals involving foreign acquisitions of U.S. businesses. ...more

3/27/2014 - CFIUS Compliance Foreign Investment Investigations

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