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Nevada Broadens Definition of Personal Information for Purpose of Encryption and Breach Notices

On May 13, Nevada passed a new law (A.B. 179) expanding the definition of “personal information” to include a natural person’s first name or initial and last name in combination with: 1) medical and health insurance...more

The DOJ’s New Cyber Security Best Practices — Creating a Standard of Care?

On April 29, 2015, the U.S. Department of Justice Computer Crime and Intellectual Property Section (“DOJ”) issued version 1.0 of its “Best Practices for Victim Response and Reporting of Cyber Incidents.” It draws on “lessons...more

Cybersecurity Oversight: What is a Board of Directors to Do?

Cybersecurity and the risks of data breaches figured prominently at the 35th Annual Ray Garrett Corporate and Securities Law Institute held April 30, 2015, at Northwestern Law School in Chicago. Participating in a panel...more

[Webinar] Compliance Agility: Managing Privacy in a Dynamic Environment - June 9, 1:00-2:00 pm Eastern

Privacy risk, legislation, and regulation is growing at an exponential rate. Organizations – themselves in constant states of change – are struggling to keep up and fearful because a single organizational change, be it...more

Justice Department Provides Cybersecurity Guidance

In late April, the Department of Justice’s Cybersecurity Unit provided a set of voluntary best practices for companies faced with the prospect of data breaches. The DOJ’s best practices were expressly developed with smaller...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

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

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

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

President Obama’s Proposed Privacy Bill of Rights - Part 6: FTC Enforcement Powers

In this post, we look at the additional powers given to the Federal Trade Commission (FTC) to enforce the Consumer Privacy Bill of Rights (CPBR) and what it may mean for the agency that already enjoys significant authority to...more

What Obama's Proposed Anti-Hacking Legislation Means for Entrepreneurs

The slew of highly publicized data breaches over the past few years has brought the issue of cyber-security truly to the mainstream -- most recently reaching our living rooms through President Barack Obama’s State of the...more

Health Care Update - December 2014 #4

Let’s Get to Work: OIG Releases 2015 Work Plan, Focusing on Long-Term Care and Health Reform - The U.S. Department of Health and Human Services (HHS)--Office of Inspector General (OIG) released its 2015 Work Plan (Work...more

Delaware Data Destruction Law Highlights the Necessity of Data Destruction Plans

The list of states requiring the disposal or destruction of personal data is growing, and companies need to respond accordingly by adopting data destruction plans. Delaware recently became the latest in a series of states to...more

Cyber Risks for the Boardroom Part 1: The Recent Increase in Focus on Privacy Issues

Each day this week, we are going to explore some of the issues in the rapidly growing area of cyberliability. We will examine the recent increase in focus on privacy issues, why directors should be concerned, the top...more

5 Things Every Company's Data Security Program Should Include

What's the one thing every company's data security program must include? That's the question we put recently to experts in the field, knowing that, especially after Heartbleed, the diversity of responses would create an...more

California Attorney General Urges Companies to Be Prepared for Cyber Attacks and Security Breaches

Kamala Harris, California's Attorney General, issued a set of recommendations for preventing and responding to cyber attacks and security breaches. The recommendations, called Cybersecurity in the Golden State, are directed...more

The New Cybersecurity Framework—A Roadmap for All Companies

The recent string of well-publicized data breaches has demonstrated that cyber criminals are targeting companies of all sizes and in all industries. Even companies with the most sophisticated security systems admit that the...more

Unique Privacy Concerns for Mobile Apps [Video]

With the rise of BaaS (or Backend as a service) platforms, it is easier than ever to create a mobile app on the fly. But Fenwick privacy co-chair Tyler Newby advises that companies should be aware of some important privacy...more

Data Breach: Who's Gonna Get It?

The message–that’s what I’m talking about–who’s gonna get the message sent to them first? Data breaches, hacking, and privacy are one of the biggest news stories since 2011 and there is no sign that will be changing...more

Trust in On-Line Advertising

It’s no surprise that people trust online reviews from consumers more than traditional advertisements. After all, advertisements are created by the company selling a product of service, whereas third party reviews are by...more

Facebook “Sponsored Stories” Lawsuit Highlights Evolving Right of Publicity

application. The case highlights the evolution of publicity rights in the face of social media. Publicity rights have been protected since the advent of the Hollywood celebrity in the second half of the 20th century. In...more

Top 3 Concerns in Data Security [Video]

In the video, Robert Brownstone, co-chair of Fenwick’s Electronic Information Management Group, describes how the world of data security impacts every organization regardless of size. He identifies three main areas of...more

In-House Counsel in the Cloud Can You Trust Online Storage

This article explains to in-house corporate counsels the risks, benefits, and issues to investigate regarding cloud storage of data....more

Subscription Business Models May Raise Revenue, But Also Holds Privacy And Security Risks

These days everyone subscribes to something. Whether you’re a consumer or a business, the goods and services you depend on or enjoy on a regular basis are often available by subscription. Subscribers prefer the low...more

Proposed EU Data Protection Regulation What Companies Need to Know

A review and analysis of the proposed EU Data Protection Reform: the General Data Protection Regulation and the Police and Criminal Justice Data Protection Directive. ...more

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