General Business Science, Computers & Technology Privacy

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Client Alert: Action Needed by Organizations whose Websites allow User Postings

Businesses and nonprofits that operate a website or other online presence (mobile app, blog, portal, game, etc.) where users may post content (for example, in a user forum) will need to take action in 2017 in order to obtain...more

Connected Cars: Navigating Top Trends in 2017

Yesterday, the Automotive Industry Team of Foley & Larnder LLP (yes, us), hosted its annual event at the North American International Auto Show in Detroit, MI. Eschewing narrow or small topics, we charged into 2017 by trying...more

2017 Resolutions for Community Banks: A Focus on Cybersecurity

In December 2016, Thomas Curry, the Comptroller of the Currency, stated that cybersecurity was the single greatest systemic threat to our financial system. He was not being hyperbolic. Cybersecurity should be on...more

California Amends its Data Breach Statute…Again

The California Legislature has again amended California's Data Breach Statute regarding the obligations of companies to disclose the breach of personal information stored in computerized data. (California Civil Code Section...more

EU e-Privacy Regulation Raises Stakes for Compliance

The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

New York Department of Financial Services Revises Proposed Cybersecurity Rule

The New York Department of Financial Services (NYDFS) recently issued a revised proposed regulation seeking to add its own mandate of cybersecurity requirements to those already in existence for banks, insurance companies and...more

Cybersecurity Still Top FINRA Operational Risk

On January 4, the Financial Industry Regulatory Authority (FINRA) published its annual Regulatory and Examination Priorities Letter providing firms with information about areas FINRA plans to review in 2017 as well as...more

2017 Insurance & Risk Management Checklist

As we start a new year, it is important to evaluate your company’s insurance and risk management program and plan for the year. Following up on our 2016 checklist, we have updated steps to take and things to consider for your...more

Keeping Up with the Drones(es)

For the U.K., Amazon drone delivery has left the realm of fantasy and become a reality. On December 14, Amazon announced that it successfully completed its first delivery using an automated drone in Cambridge in the U.K. (In...more

Are You Ready for Self-Driving Vehicles?

The transportation industry is on the verge of a major revolution as personal and commercial vehicles transition from incorporating some driver-assisting technologies to actually becoming highly autonomous, self-driving...more

New York State Revises “First-In-Nation” Cybersecurity Rules

The New York Department of Financial Services (“DFS”) recently issued a revised version of the cybersecurity rules that it first announced in the fall of last year. The rules apply to a wide range of insurance, banking, and...more

Your Company’s Website Privacy Policy Probably Needs a Refresh (Before February 1, 2017)

As 2016 has come to a close, now is a good time to take stock of new disclosure obligations for website privacy policies introduced over the course of the year. It is likely that if your company’s privacy policy has not been...more

Back to the Future: 2017 [Expect Focus Life Insurance – December 2016]

- Should Your Company Purchase Bitcoin to Pay a Cyber Ransom? - NAIC Draws Line in CFPB Sandbox - NAIC’s Big Data Task Force Sets Charges for 2017 - Broker-Dealers Can Hold Customers’ Initial Checks...more

Cyber Alert: 2016 Breach Roundup, Part II: U.S. and EU Data Breach Notification Regulations Highlights and Trends

Frameworks requiring breach notifications of various kinds significantly expanded in scope in 2016 at both the state and federal levels. However, at least in the U.S., some of the new federal requirements may not be in place...more

May Old Memoranda Be Forgot: White House Issues New Memorandum on Breach Response Plan

The White House Office of Management and Budget (“OMB”) marked the beginning of the 2017 Federal calendar year by issuing a memorandum to all agency and department heads with new guidance on breach preparation and response....more

Although Delayed, New York's Aggressive Cybersecurity Law Expected to Affect Financial Services and Insurance Firms

The regulatory environment for cybersecurity is rapidly changing, and state legislatures are not waiting for Congress to act. On December 28, 2016, the New York State Department of Financial Services ("NYDFS") revised a...more

FTC Files Lawsuit Against Taiwanese Manufacturer for Alleged Lax Security in Wireless Routers and Cameras and Related Marketing...

The Federal Trade Commission has filed a lawsuit in federal court claiming that a networking equipment manufacturer engaged in unfair and deceptive acts, exposing thousands of consumers to the risk of cyberattack from...more

Three Chinese Citizens Charged with Hacking New York Law Firms

Preet Bharara, the U.S. Attorney for the Southern District of New York announced that three Chinese citizens have been charged for attempting to hack into seven law firms that were involved in mergers and acquisitions, in...more

FTC Settles Data Breach Case with AshleyMadison for $1.6 Million

The Federal Trade Commission (“FTC”) settled with online dating website AshleyMadison.com for $1.6 million stemming from FTC and state actions brought against the company as a result of a July 2015 data breach that exposed...more

FINRA’s 2017 Regulatory & Exam Priorities

On January 4, new President and CEO Richard Cook issued FINRA’s Annual Regulatory and Examination Priorities Letter. This year’s list in summary is: New for 2017: Targeted electronic off-site reviews “on select...more

New York Department of Financial Services Revises Cybersecurity Proposal: Greater Flexibility and Delayed Compliance Deadlines

As we previously reported, in December 2016 the New York Department of Financial Services (the “DFS”) announced that it was revising its proposed regulation that would require banks, insurance companies and other financial...more

Hey! Did You Hear? The United States Imposed Sanctions Against Russia.

For those of us who live and breathe U.S. economic sanctions, we are used to most people largely ignoring what goes on in our world. The United States’ recent imposition of new sanctions against Russia, however, was not one...more

Data Breach Trends — 2016: the Year of Ransomware

Over the past year, the BakerHostetler Incident Response team has closely monitored data breach trends, and we are confident in concluding that 2016 was the year of ransomware. Nothing has had a greater impact or has been as...more

US Expands Cyber-Related Sanctions Executive Order and Designates Russian Parties

On December 29, 2016, President Obama issued a new Executive Order (EO) entitled "Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities."...more

New York State Department of Financial Services Issues Updated Proposed Cybersecurity Regulation

The New York State Department of Financial Services (“DFS”) has updated its proposed regulation requiring banks, insurance companies, and other financial services institutions regulated by DFS to establish and maintain a...more

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