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Tennessee Amends Its Data Breach Notification Laws

Removes the Encryption Safe Harbor, Limits the Timing of Notice, and Expands “Unauthorized Persons” - Effective July 1, 2016, Tennessee becomes the first state to remove the encryption safe harbor from its data breach...more

Medical Device Manufacturer’s Association Comments on Senate Hearing

The Senate Committee on Small Business and Entrepreneurship held a meeting titled “An Examination of Changes to the U.S. Patent System and Impacts on America’s Small Businesses” on February 25, 2016. ...more

The Right Tools for the Job: E-Discovery Technology Can Never Replace Lawyers, Only Help Them

Growing up in rural Illinois, the John Deere logo was as ubiquitous as Nike in Portland or Starbucks in Seattle. From old farmers’ mesh-backed caps to the giant tractor that my friend, Scott, parked in the student parking...more

DHS/DOJ Issue Guidance on Cyber Threat Info Sharing

On February 16, 2016, the Department of Homeland Security (DHS) and Department of Justice (DOJ) issued “guidance” to assist federal agencies and non-federal entities in implementing the Cybersecurity Act of 2015.  The Act was...more

President’s FY 2017 Budget Aims to Seal the Deal on Fiscal Legacy

On February 9, President Obama released the last budget request of his Administration. The FY 2017 budget incorporates many proposals from past years but also looks to cement the president’s legacy with a number of new fiscal...more

New Cybersecurity and Privacy Initiatives Announced In President Obama’s Final Budget

On February 9, 2016, in connection with his annual budget request, President Obama announced a $19 billion Cybersecurity National Action Plan (CNAP) that the White House has described as a “capstone” to seven years of...more

UK Financial Regulatory Developments - January 2016 #14

Treasury Committee publishes banking IT failure correspondence - The Treasury Committee has published correspondence between Andrew Tyrie, PRA, FCA and between him and RBS, HSBC and Barclays, relating to IT failures at...more

New Bill Would Require Cybersecurity Disclosures by Publicly Traded Companies

Why it matters - In the continuing efforts to enact cybersecurity legislation and advise the public about cybersecurity preparedness, a new bill introduced in the Senate would mandate that publicly traded companies...more

Key CISA Provisions Impacting Private Entities

On December 18, 2015, President Obama signed the Cybersecurity Information Sharing Act (“CISA”), which was the culmination of intense negotiations that reconciled three separate cybersecurity bills passed by the U.S. Senate...more

Cybersecurity and Data Privacy: New Cybersecurity Bill Introduced in Senate Would Effectively Force Public Companies to Address...

In response to the increase of cybersecurity attacks and data breaches in recent years, some companies have begun to recruit cybersecurity experts to their board of directors. On December 17, 2015, U.S. Senators Jack Reed...more

Florida’s CADRA a Powerful New Data Protection

Florida businesses will soon have an important and powerful new legal cause of action to combat unauthorized access to protected computer systems or data by employees, former employees, directors, officers, and others....more

Illinois Governor Vetoes Data Protection Bill; Suggests Revisions

Illinois Governor Bruce Rauner vetoed a bill amending the state’s data breach notification law on August 21, 2015, saying in a letter to the General Assembly that the bill “goes too far, imposing duplicative and burdensome...more

An Overview, A Summary And An Update To The Latest Patent Reform

Just four years ago in 2011, President Obama signed the America Invents Act (AIA) into law. Since the enactment of the AIA, there has continued to be steady pressure for further reform. In 2013, the Innovation Act was...more

House Passes Cyber Sharing Bills and Congress is Focusing on Data Protection

On Wednesday, April 22, 2015, the U.S. House of Representatives passed the Protecting Cyber Networks Act ("PCNA"), which would give companies certain liability protection against potential lawsuits when sharing cyber threat...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

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

Trade & Manufacturing - News of Note - January 2015

Congress Passes Revitalize American Manufacturing and Innovation Act - The Revitalize American Manufacturing and Innovation (RAMI) Act was included in the $1.1 trillion omnibus FY 2015 spending bill signed into law by...more

Video Games, iPhones, and Senator John McCain

The picture of Senator John McCain playing poker on his Smartphone went viral within a few hours after it was posted.  Perhaps the reason had less to do with the fact that a member of the Senate Foreign Relations Committee...more

The Cost of Convenience: charging for online contributions

On May 7, 2013, the Minnesota Campaign Finance and Public Disclosure Board (“Board”) will consider an advisory opinion request submitted on behalf of Democracy Ventures, Inc., d/b/a Democracy.com. The organization is seeking...more

Cyber-Security Issues Receiving Ever-Increasing Attention, Including From Congress and Governmental Agencies

On the heels of a recent survey that found that cyber-security is becoming the primary concern of corporate general counsels and directors, see C. Dunn, Cybersecurity Becoming No. 1 Concern for GCs and Directors, Corporate...more

You’ve Got Mail: Senator Rockefeller Sends Letter to CEOs re: Cybersecurity….Reply Requested

Senator John D. Rockefeller IV (D., W.Va.) recently sent a letter to the CEOs of all Fortune 500 companies asking the companies for more information about their cybersecurity practices. The letter comes a month after Senate...more

Grants for Funding University Technology Transfer Introduced in Congress

Companion bills were introduced in Congress on April 25th of this year with little fanfare (particularly in comparison to the Leahy-Smith American Invents Act) but they have the potential to provide significant funding for...more

New Data Breach Reporting Requirement to Connecticut Attorney General Passed as Part of Connecticut Legislature’s Budget Bill

For those of us who were watching this proposed legislation unsuccessfully move its way through the 2012 General Session, we see now that it was passed as part of the Connecticut General Assembly’s Special Session by...more

Lead Director Networks: Viewpoints - May 2012

Introduction On April 3, 2012, the Lead Director Network (LDN) gathered in Washington, DC, for its 12th meeting. Members examined the role of the board and lead director in overseeing strategic risks. This issue of...more

House Passes Cybersecurity Bill Despite Controversy

Business executives and national security leaders are of one mind over the need to improve the security of computers that control elements critical to the U.S. infrastructure. But the two groups are divided over the question...more

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