Michael Scudder

Michael Scudder

Skadden, Arps, Slate, Meagher & Flom LLP

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Latest Publications


"Privacy & Cybersecurity Update - September 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more

10/3/2016 - Article III CFTC Class Action Commodities Corporate Counsel Cybersecurity Data Breach Data Protection Data Protection Authority EU EU-US Privacy Shield Financial Institutions Financial Markets Financial Sector FTC Germany International Data Transfers NIST NYDFS Personal Data Popular Standing UK Young Lawyers

Recurring Issues in Accounting for Litigation Contingencies

Certain questions seem to recur when it comes to outside counsel’s communications with a company’s auditors about potential exposures as a result of litigation or regulatory/enforcement matters and the underlying accounting...more

9/28/2016 - Accounting Attorney-Client Privilege Audits Business Litigation FASB Financial Statements GAAP Insurance Claims Loss Coverage SEC Work Product Privilege

Privacy & Cybersecurity Update: New York State Proposes Cybersecurity Regulation for Financial Institutions

New York state has proposed a new regulation — to go into effect January 1, 2017 — that would require banks, insurance companies and other financial services institutions regulated by the New York State Department of...more

9/15/2016 - Banks CISO Comment Period Covered Entities Cyber Attacks Cyber Crimes Cybersecurity Data Protection Data Retention Financial Institutions Financial Sector Gramm-Leach-Blilely Act Hackers HIPAA Insurance Industry NYDFS Popular Proposed Regulation Risk Assessment Risk Management

"Privacy & Cybersecurity Update - June 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the impact of Brexit on EU data protection, court rulings on cyber insurance policy exclusions and coverage gaps, recent statements from the FTC and the...more

6/30/2016 - Banks Bonds Class Action Corporate Counsel Cyber Insurance Cybersecurity Data Breach Data Protection Data Protection Authority Electronic Health Record Incentives EU Data Protection Laws EU-US Privacy Shield Fashion Industry FFIEC Fraudulent Transfers FTC Germany Hackers Internet of Things Privacy Laws Spokeo v Robins Standing UK Brexit Young Lawyers

Privacy & Cybersecurity Update - May 2016

In this edition of our Privacy & Cybersecurity Update, we examine recent developments, including the U.S. Supreme Court's holding in Spokeo that consumer plaintiffs must show "real harm" to sue in federal court, the EU data...more

6/3/2016 - Antitrust Violations Article III Breach Notification Rule Cyber Insurance Cybersecurity Data Breach Data Protection Commissioner EU-US Privacy Shield Injury-in-Fact Ireland Privacy Laws Risk of Loss SCOTUS Spokeo v Robins Standing Subrogation

Privacy & Cybersecurity Update - April 2016

In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more

5/3/2016 - Class Action Commercial General Liability Policies Corporate Counsel Cyber Insurance Cybersecurity Data Breach Encryption EU EU-US Privacy Shield FTC Future Harm General Data Protection Regulation (GDPR) Mobile Health Apps Notice Requirements Standing State Data Breach Notification Statutes Young Lawyers

Privacy & Cybersecurity Update - March 2016

In this edition of our Privacy & Cybersecurity Update, we examine the FCC's proposed privacy rules for broadband providers; new developments relating to the Privacy Shield, which was created to replace the U.S.-EU Safe Harbor...more

4/4/2016 - CFPB Cyber Insurance Cybersecurity Data Protection Authority Data Security Department of Defense (DOD) EU EU-US Privacy Shield FCC Internet Service Providers (ISPs) IRS Phishing Scams Privacy Policy US-EU Safe Harbor Framework

"Privacy & Cybersecurity Update - Historic New 'Privacy Shield' Agreement to Replace EU-US Safe Harbor"

Two days after the original January 31 deadline, the European Union and United States have announced a replacement for the Safe Harbor agreement — the EU-U.S. Privacy Shield — which, if approved, will provide a new framework...more

2/3/2016 - Article 29 Working Party (WP29) Data Protection EU EU Data Protection Laws EU-US Privacy Shield FTC International Data Transfers Ombudsman Personal Data Safe Harbors

"Auditors Must Beware the Consequences of Settling SEC Enforcement Actions"

The Securities and Exchange Commission (SEC) launched “Operation Broken Gate” in October 2013 to hold accountable those auditors who have intentionally or negligently violated professional auditing or accounting standards....more

1/23/2016 - Auditors Enforcement Actions Operation Broken Gate PCAOB Professional License Professional Negligence Rule 102(e) Sanctions Sarbanes-Oxley SEC

Privacy & Cybersecurity Update - November 2015

Consumer Electronics Association Releases Best Practices For Privacy and Security of Personal Wellness Data - In late October 2015, the Consumer Electronics Association released guiding principles governing the...more

11/30/2015 - Actual Injuries CEA Cybersecurity Do Not Track EU Data Protection Laws FCC Financial Services Industry FTC International Data Transfers Privacy Concerns US-EU Safe Harbor Framework

Privacy & Cybersecurity Update - August 2015

Third Circuit Affirms FTC’s Authority Over Cybersecurity: In the Wyndham case, the Third Circuit affirmed that the FTC has the authority to regulate cybersecurity under Section 5 of the FTC Act, and that the language of...more

9/2/2015 - Administrative Authority Automobile Recall Brokers Compliance Connected Cars Cyber Insurance Cybersecurity Data Breach Data Collection Data Security FTC FTC v Wyndham Hackers Metadata NSA Privacy Concerns Safe Harbors Section 5 Settlements Target Technology Unfair or Deceptive Trade Practices Visa Inc Wyndham

Privacy & Cybersecurity Update - July 2015

Seventh Circuit Decision May Make It Easier for Class Action Plaintiffs to Establish Standing in Data Breach Cases - The Seventh Circuit has issued a decision that could make it much easier for class action plaintiffs to...more

8/4/2015 - Attorney Generals Class Action Cyber Attacks Cyber Insurance Cybersecurity Data Breach Data Security FCC FFIEC FTC Identity Theft Personal Data Security Risk Assessments Standing TCPA

Privacy & Cybersecurity Update - June 2015

In This Issue: - USA Freedom Act Brings Changes to Surveillance Program - Connecticut Enacts Bill Imposing Tighter Data Security Obligations - Pennsylvania Court Dismisses Data Breach Negligence...more

7/1/2015 - Cyber Insurance Cybersecurity Data Breach EU EU Data Protection Laws Negligence New Legislation Security and Privacy Controls Surveillance USA Freedom Act

Privacy & Cybersecurity Update - May 2015

In This Issue: - Second Circuit Rules Patriot Act Does Not Authorize Bulk Metadata Collection; Congress Reconsiders Certain Patriot Act Authorities - SEC Issues Cybersecurity Guidance for Investment Companies...more

6/2/2015 - Broadband Commercial Bankruptcy Customer Lists Cyber Crimes Cybersecurity Data Breach Data Collection Enforcement FBI FCC FTC Insurance Litigation Internet of Things Investment Adviser Investment Funds Jurisdiction Online Privacy Protection Act Patriot Act Personally Identifiable Information Privacy Laws RadioShack SEC

Inside the Courts - An Update From Skadden Securities Litigators - May 2015 / Volume 7 / Issue 2

In This Issue: - U.S. Supreme Court: ..Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund, 135 S. Ct. 1318 (4th Cir. Mar. 16, 2015) - Auditor Liability: ..In re Advanced Battery Techs.,...more

6/2/2015 - Auditors Books & Records CAFA Class Action Class Certification Derivative Suit Fiduciary Duty Justifiable Reliance Misrepresentation Omissions Pleading Standards Scienter SCOTUS Securities Fraud Settlements Statute of Limitations Statute of Repose Whistleblowers

Privacy & Cybersecurity Update - April 2015

In This Issue: - DOJ Issues Cyber Preparation and Response Guidance - RadioShack’s Plan to Auction Customer Data Highlights Issues Over Treatment of Such Data as an Asset - Google v. Vidal-Hall and...more

5/3/2015 - Commercial Bankruptcy Customer Lists Cyber Attacks Cyber Insurance Cybersecurity Data Breach Data Privacy DOJ FCC Financial Services Authority Google Hulu Information Sharing NAIC Popular RadioShack Third-Party Video Privacy Protection Act

The Class Action Chronicle - Spring 2015

In This Issue: - Nexium and the Problems of Overbroad Class Actions - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to Strike/Dismiss...more

3/23/2015 - CAFA Class Action Class Certification Jurisdiction Motion to Dismiss Motion To Strike Nexium Remand

Privacy & Cybersecurity Update - February 2015 (Updated)

In This Issue - White House Releases Proposed Privacy Legislation - Lessons from the Anthem Data Breach - SEC and FINRA Release Results of Industrywide Cybersecurity Examination Sweeps - COSO Releases Report on...more

3/2/2015 - Anthem Blue Cross Automotive Industry Big Data COSO Cybersecurity Data Breach FINRA Information Sharing Insurance Industry Obama Administration Popular SEC

"Recent Regulatory and FASB Actions Impacting Auditors"

In one of several recent actions impacting auditors, the Securities and Exchange Commission (SEC) and the Public Company Accounting Oversight Board (PCAOB) have devoted heightened attention to related-party transactions,...more

2/4/2015 - Auditors Audits FASB PCAOB Regulatory Standards Related Parties Reporting Requirements SEC

Privacy & Cybersecurity - January 2015

In This Issue: - Summary of President’s Recent Proposals for Cybersecurity Legislation - New York Attorney General Proposes New Approaches to Data Security - Delaware Data Destruction Law Takes...more

2/2/2015 - Popular

Privacy & Cybersecurity Update - January 2015: President Announces Cybersecurity Legislative and Regulatory Proposals

On January 12 and 13, in speeches at the Federal Trade Commission (FTC) and the National Cybersecurity and Communications Integration Center (NCCIC), President Barack Obama announced several initiatives to enhance online...more

1/15/2015 - Barack Obama Cybersecurity Privacy Policy Proposed Legislation Regulatory Agenda

Privacy & Cybersecurity Update - December 2014

In This Issue: - The Critical Takeaway for Every Company From the Sony Cyber Attack - Sony Data Breach Class Action Complaint Provides Insight Into Cybersecurity Issues - Reminder: New California Data...more

1/2/2015 - Class Action Cyber Attacks Cybersecurity Data Breach Department of Financial Services Examination Procedures New Legislation NIST PF Chang's Sony Standing Target

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