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U.S. District Court Dismisses Commodity Exchange Act Claims as Impermissibly Foreign

On August 27, 2020, Judge George B. Daniels of the U.S. District Court for the Southern District of New York granted a Rule 12(c) motion for judgment on the pleadings made by financial institutions facing benchmark-rigging...more

FCC Commissioner Comments On Privacy Implications Of “Smart Cities”

On October 30, 2018, Federal Communications Commission (“FCC”) member Michael O’Rielly spoke at a policy event in Washington, D.C., on the topic of “smart cities,” defined by Commissioner O’Rielly as “the collection, use, and...more

11/8/2018  /  FCC , Innovation , Smart City Challenge

SEC Investigative Report Warns Public Companies To Prioritize Cybersecurity In Their Accounting Controls

On October 16, 2018, the U.S. Securities and Exchange Commission (“SEC”) issued an investigative report advising public companies that internal accounting controls should “reasonably safeguard company and, ultimately,...more

To Tweet Or Not To Tweet? Lessons In Careful Use Of Social Media

We live in a social media age where even foreign policy is announced via Twitter with ease and speed. But recent events serve as a reminder to public companies that the federal securities laws operate as an important...more

Phase 3 Of New York’s Cyber Regulations Takes Effect

As of September 4, 2018, financial institutions and other entities regulated by the New York State Department of Financial Services (“DFS”) must comply with the third of four compliance deadlines established by DFS’s new...more

The SEC Is Sending Signals Regarding Advisory Fees and Expenses — Are Investment Advisers Listening?

In recent years, the U.S. Securities and Exchange Commission’s Office of Inspections and Examinations (“OCIE”) has prioritized, in its examinations, the review of the fee billing and expense practices of investment advisers....more

Senate Bill Introduced To Prevent Election Hacking

On June 12, 2018, a group of U.S. Senate Democrats introduced legislation that would require state and local governments to take steps to deter federal election tampering. Senators Kirsten Gillibrand (D-N.Y.), Ed Markey...more

Cellphone Reseller Settles With FTC Over Third-Party Data Collection

On April 30, 2018, the Federal Trade Commission (“FTC”) reached a settlement with BLU Products Inc., a Florida-based cellphone reseller, after BLU admitted it allowed a third party, China-based ADUPS Technology Co. Ltd., to...more

Department Of Homeland Security Often Slow To Disseminate Cyber Threat Warnings, According To Government Accountability Office...

On October 30, 2017, the United States Government Accountability Office (“GAO”) issued a report on the Department of Homeland Security’s (“DHS”) risk assessment practices for critical infrastructure. GAO reviewed DHS’s...more

Founder Of Energy Industry Networking Site Sentenced To Year And A Day For Hack

On October 6, 2017, the creator of a social networking site for oil and gas industry professionals was sentenced to a year and a day in prison by U.S. District Judge Denise L. Cote in the Southern District of New York. David...more

New York’s Cybersecurity Regulations For Financial Institutions Take Effect

On August 28, 2017, regulations first announced by the New York Department of Financial Services (“DFS”) in September 2016 took effect, marking the start of the first compliance period for covered financial institutions...more

A Constitutional Check on Cross-Border Enforcement Tactics: Takeaways from the Second Circuit’s Decision in United States v. Allen

Today’s global investigations frequently involve the cooperation of many government agencies in multiple countries. On July 18, 2017, the U.S. Court of Appeals for the Second Circuit handed down a decision creating a major...more

SEC Chairman Clayton Talks Cyber Threats And Responses

On July 12, 2017, U.S. Securities and Exchange Commission Chairman Jay Clayton made his first public speech as head of the Commission, emphasizing the need for coordination between companies and regulators to thwart cyber...more

Federal Trade Commission Obtains Judgment Against Robocallers

On Wednesday, May 31, 2017, the Federal Trade Commission (“FTC”) secured default judgments against an individual responsible for hundreds of millions of illegal “robocalls” and nine companies he controlled, resulting in a...more

Target Settles For $18.5M Over 2013 Customer Data Breach

On May 23, 2017, Target Corp. reached a settlement with 47 states and the District of Columbia, agreeing to pay $18.5 million to resolve the states’ investigation into Target’s 2013 customer data breach. The resolution...more

China Promulgates New Cybersecurity Law

On Monday, November 7, 2016, the Standing Committee of the National People’s Congress of China promulgated a new cybersecurity law, providing the Chinese government with sweeping authority to regulate and monitor internet...more

Barnes & Noble Data Breach Class Action Dismissed

On Monday, October 3, 2016, the U.S. District Court for the Northern District of Illinois dismissed a putative class action lawsuit concerning a 2012 data breach at Barnes & Noble, Inc. (“B&N”) during which hackers obtained...more

Auto-ISAC Pushes To Protect Internet-Enabled Connected Cars

In July 2016, the nonprofit Automotive Information Sharing and Analysis Center (“Auto-ISAC”) released a series of auto cybersecurity best practices to collectively address cyber threats that could pose unreasonable risks to...more

FTC Expands Its Role In Cybersecurity Enforcement By Reviving LabMD Action

On Friday, July 29, 2016, the Federal Trade Commission (“FTC” or the “Commission”) overturned the decision of one of its administrative law judges (“ALJ”) from November 2015 in a suit against LabMD, Inc., now finding LabMD...more

Baseball Hacking Scandal Leads To 4-Year Sentence And MLB Investigation

On Monday, July 18, 2016, the U.S. District Court for the Southern District of Texas sentenced former St. Louis Cardinals scouting director Chris Correa to nearly four years in prison for the hacking of the Houston Astros’...more

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