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Officers and Directors Spared Home Depot Data Breach Derivative Lawsuit

Officers and directors may breathe a temporary sigh of relief following the recent dismissal of the Home Depot data breach derivative case. Others will look to the facts for guidance. The complaint alleging the board had...more

“Directors’ Decisions Must Be Reasonable, not Perfect” Home Depot’s Shareholder Derivative Litigation Arising from Data Breach...

On November 30, 2016, a federal district court dismissed a shareholder derivative complaint against various current and former directors of Home Depot arising from the well-publicized data breach the company suffered between...more

Corporate Law & Governance Update - December 2016

EMPHASIS ON DIRECTOR EDUCATION - The board development committee may wish to reconsider its director education program for 2017 following two recent and unrelated developments. The first is a greater articulation of...more

There’s No Flying Under the Radar: Why Small Businesses Should Get Smart About Information Security

The latest publication by the National Institute of Standards and Technology (NIST), entitled “Small Business Information Security: The Fundamentals,” aims to promote and assist small businesses in their efforts to manage...more

Implementing the GDPR: What You Need to Know

Data protection procedures will require an overhaul for any company that offers goods and services, or tracks individuals, in the EU under the European General Data Protection Regulation (GDPR) to take effect from 25 May...more

FINRA Fines Lincoln Financial Sub $650,000 For Cybersecurity Shortcomings

A Lincoln Financial Group subsidiary agreed to pay $650,000 to the Financial Industry Regulatory Authority (FINRA) to resolve allegations that it failed to implement sufficient security policies to protect confidential...more

DFS Cyber Regulation: Part II – An Interview with Bay Dynamics’ Steven Grossman

This is the second installment in our interview with Steven Grossman, VP Strategy & Enablement at Bay Dynamics, the cyber risk analytics company. Here, Steven discusses the importance of aligning an institution’s risk...more

Attacking Cybersecurity from the Inside Out: Part III

Over the last couple of weeks, we’ve explored the steps a company’s leadership team should take to prioritize cybersecurity and how businesses can improve their cybersecurity strategy by enhancing their employee-level cyber...more

The FTC’s New Data Breach Response Guide (and a Reminder)

The two-pronged mission of the Federal Trade Commission is to protect consumers and promote competition. According to the FTC’s website, protecting consumers includes “stopping unfair, deceptive or fraudulent practices in the...more

Cybersecurity 2017 – The Year In Preview: Trade Secret Theft Takes Center Stage

Editor’s Note: This is the first of an end-of-year series of posts examining coming trends in cybersecurity. Posts will examine trends in state regulations, federal regulatory authority, the changing nature of the threat...more

Bryan Cave Data Security Breach Handbook - 2016

Since the first publication of this handbook in 2014, the legal ramifications for mishandling a data security incident have become more severe. In the United States, the number of federal and state laws that claim to...more

NIST Releases Cybersecurity Guide for Small Businesses

We often hear from small businesses that they do not believe they can be a “target” of hackers, or that they are at risk of a cyber intrusion. This thought is naïve as small businesses are at risk of cyber intrusions, and due...more

Cybersecurity liability: Delaware has good news for directors

The Delaware Chancery Court just issued an opinion that will have directors breathing a sigh of relief in connection with cybersecurity risks. In its opinion – Reiter v Fairbank, C.A. No. 11693-CB (Del. Ch. Oct. 18, 2016) –...more

Company Bosses Can No Longer Dodge Nuisance Call Fines

In an ongoing effort to tackle nuisance calls, the UK government has signalled its intention to make company directors directly liable for breaches of the Privacy and Electronic Communications Regulations (PERC) carried out...more

Cyber Regulation Demands Board Accountability: Part 2 in a 3-Part Series

This is our second installment in a three-part series examining the New York State Department of Financial Services (“DFS”) new cybersecurity regulation. In this installment, we provide an overview of the regulation’s impact...more

Attacking Cybersecurity from the Inside Out: Part II

Last week in the first installment of our Attacking Cybersecurity from the Inside Out series, we outlined the steps a company’s board and executive leadership should take to prioritize cybersecurity. In this second...more

Top 10 Takeaways From Our Interactive Simulation

During McGuireWoods’ Nov. 3 Data Privacy and Security Seminar in Chicago, McGuireWoods lawyers Anne Peterson and Alex Brackett conducted a data breach tabletop exercise simulating a variety of breach scenarios. For those who...more

China's Cybersecurity Law Imposes New Requirements on Doing Business in China

The Standing Committee of China's National People's Congress (NPC) adopted the country's Cybersecurity Law1 on November 7—the latest in a spate of national security-related measures targeting the ICT industry. Drafts of the...more

Feeling Lost in a Storm After Suffering a Data Breach?

When faced with a data breach, it’s easy for companies to feel like they’re attempting to navigate a storm without a rudder. To provide a guiding light to companies, the Federal Trade Commission (“FTC”) recently issued...more

How The FTC Guides Businesses Through Data Breaches

The Federal Trade Commission (“FTC”) recently released a data breach guide for businesses, along with a video and blog to help companies following the immediate aftermath of a data breach. The FTC also provides a model data...more

Is it Legal to Transfer Personal Data from the European Union to the United States?

Human Resources professionals have one more item to add to their compliance checklist – ensuring the lawful transfer of employee, consumer or customer personal data from the European Union (“EU”) to the United States....more

Attacking Cybersecurity from the Inside Out: A Four Part Series

In a world where the nature of cyber attacks are changing nearly every day, the ability to keep up with the latest information and cybersecurity best practices can be challenging, even for cybersecurity experts. As we launch...more

German DPAs to Survey Transfers in 500 Companies – with English Translation of DPA Questionnaire

Late last week, 10 of Germany’s 17 Data Protection Authorities (DPAs) announced they are planning to send written questionnaires to approximately 500 different companies regarding international data transfers. The following...more

The FTC Offers Businesses Tips on How to Respond to a Data Breach

It seems like managing data breaches has become a part of doing business these days. From the October denial of service attack on Dyn (a company that provides core internet services to companies like Twitter, Spotify and...more

Looking Ahead: Top Issues Impacting the Tech Industry in 2017

As technology continues to reshape how business gets done and the way people live their lives, there are many reasons to be excited about the tech industry’s prospects heading into 2017. The more than 300 executives,...more

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