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SEC Issues Cybersecurity Guidance for Registered Investment Advisers and Registered Funds

The SEC’s Division of Investment Management issued guidance highlighting the importance of cybersecurity and discussing measures that registered investment companies (“funds”) and registered investment advisers (“advisers”)...more

SEC Releases Cybersecurity Guidance, Highlights Compliance Role

The SEC’s Division of Investment Management recently released cybersecurity guidance highlighting best practices and warning that cybersecurity breaches and deficiencies in cybersecurity programs could cause funds and...more

Spotlight on Responsibility and Accountability: OIG’s New Compliance Guidance for Health Care Governing Boards

On April 20, 2015, the Office of the Inspector General of the U.S. Department of Health and Human Resources (“OIG”), in collaboration with the American Health Lawyers Association, the Association of Healthcare Internal...more

Weekly Update Newsletter - May 2015

SMALL BUSINESS ADMINISTRATION - SBA Issues Proposed Rule to Amend Women-Owned Small Business Federal Contract Program - The U.S. Small Business Administration (SBA) issued a proposed rule to amend its...more

SEC Updates Guidance on Cybersecurity

Emphasizing the critical importance of cybersecurity to registered investment companies (RICs), including insurance separate accounts and business development companies, and to investment advisers, the SEC’s Division of...more

Addressing Cybersecurity Oversight in Audit Committee Charters

Cybersecurity continues to emerge as a key risk that is attracting the attention of regulators and boards of directors. Companies take different approaches regarding how the board fulfills its oversight duty with respect to...more

Planning for Breach Notification Requirements in Your Customer Contracts

At the San Francisco “Exchange” Data Privacy and Cyber Security Forum on April 26, a spirited debate arose whether a federal breach notification law will/should be enacted to bring uniformity to the patchwork of breach...more

Cybersecurity Workforce Measures Present Business Opportunities

As part of the federal government’s efforts to address cybersecurity needs in our age of state-sponsored hacking and other high-profile data breaches, the Department of Homeland Security (DHS) will soon undertake a...more

Blog: HIPAA FAQ Series: Do You Need a BAA with Your Cloud Storage Provider?

This week, the HIPAA FAQ series continues with another topic about business associate agreements (BAAs). As most Covered Entities and Business Associates know, in the event that a Covered Entity utilizes a service provider...more

Goal? Identify Rogue Employees Before They Misbehave. Means? Computer Algorithm. Impact? TBD...

In an attempt to weed out bad actors before they act, JPMorgan Chase & Co. is implementing a computer surveillance program to identify potential problem employees. Here's a legal perspective on the initiative from Keith...more

BakerHostetler Partner Paul Karlsgodt Discusses Privacy Class Actions [Video]

Paul Karlsgodt, Leader of BakerHostetler's Class Action Defense team, talks about class actions privacy and litigation issues....more

Cyber Security Regulations Ahead Says New York State’s Dept. of Financial Services

Based on a report released last week about cyber security vulnerabilities faced by financial institutions, New York State Department of Financial Services (“NYDFS”) Superintendent Benjamin Lawsky signaled that the agency will...more

The Evolving U.S. Cybersecurity Landscape: What Firms Want to Know

Following a year of high-profile data breaches, the Securities and Exchange Commission (SEC) announced on January 13, 2015 that, for the second consecutive year, its Office of Compliance Inspections and Examinations (OCIE)...more

Data Privacy and Security Considerations in M&A Transactions

By some estimates, cybercrime costs the global economy $445 billion annually. If cybercrime were a single country, this dollar amount would place it within the world’s top 30 countries in terms of gross domestic product, and...more

Two Oft-Neglected Cybersecurity Protections

With each passing year, cybercrime moves further into the mainstream of public company existence. What until recently was mostly an annoying, abstract concern for a handful of companies is now a daily menace that impacts...more

Into the Breach: Tips for Effectively Partnering With Outside Counsel in the Data Breach Planning Process

Target recently announced that the total cost of its data breach response efforts since late 2013 now exceeds $252 million (approximately $90 million of that has been offset by insurance proceeds). Such news, particularly...more

Cyber Incident/Data Breach Response: Your emergency Checklist

The first 24 hours after you discover a data breach are critical to restoring security, minimising harm, obtaining and preserving evidence and complying with contractual and legal obligations. This Emergency Checklist...more

Information Sharing Can Help Fortify Your Cybersecurity Strategy

Having strong cybersecurity policies is critical for protecting a company's business, as the amount of commerce conducted over networks and the Internet increases each year. Last month the Congressional Research Service...more

Cybersecurity Breach: Are Board Members at Risk?

It seems a month does not pass in which some sort of breach of confidential data of a business is not announced to the public. With the increase in cybersecurity breaches, so increases board members’ exposure to litigation...more

Securities and Exchange Commission: Critical Issues Facing Public Companies

Latham & Watkins partners William Baker, Alexander Cohen, Joel Trotter and Lawrence West hosted a webcast “Securities and Exchange Commission: Critical Issues Facing Public Companies.” Topics discussed included the increasing...more

Toysmart Pt. Deux

An auction of RadioShack assets which concluded this week included the names and physical addresses of 65 million customers and email addresses of 13 million customers. The auction result and transfer of assets is still...more

Effective cybersecurity: 8 questions for you and your team

Cybersecurity has become a top-tier risk for US and multinational organizations. It is only a matter of time before a determined hacker will penetrate your organization’s system and successfully exfiltrate some data. (Indeed,...more

FINRA Issues Report on Cybersecurity Practices

Following up on our post from last week on the SEC’s cybersecurity exam sweep, you should also know about FINRA’s recent report on this area. Last month, FINRA published a Report on Cybersecurity Practices that really could...more

Too Small to be Hacked?

We are not the size of Target or Home Depot, we won’t be a target of cyber-attack. This is a dangerous assumption. Recently reported in the news was that ISIL (a terrorist organization) had hacked and taken over certain...more

Protecting the Identity of Your LLC Members & LP Partners in Litigation, Part II: Strategies for Discovery

You want to protect the identity of your business’ owners, but your opponent issued discovery requesting a copy of your organizational chart and/or information on the identities of your LLC members or LP partners. You are...more

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