Energy & Utilities Privacy

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News & Analysis as of

Spear-phishing campaigns continue to infiltrate critical infrastructure

The Department of Homeland Security’s Industrial Control Systems Cybersecurity Emergency Response Team (ICS-CERT) has reported that critical infrastructure systems in the U.S. experienced a 20% increase in cybersecurity...more

DHS official warns of increase in cyberattacks of industrial control systems

Marty Edwards, head of the Department of Homeland Security’s Industrial Control Systems Cyber Emergency Response Team (ICS-CERT), recently warned attendees at a conference that ICS-CERT, (which assists U.S. businesses in...more

Legal Trends 2016

While global markets can be unpredictable, we have assembled some key legal trends that may help you prepare for what lies ahead in 2016. Please see full publication below for more information....more

Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends

The Litigation Group of Sutherland Asbill and Brennan LLP has published REDIAL: Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends. This publication reflects our in-depth analysis of significant...more

News from the Vermont Statehouse - An analysis from DRM's Government & Public Affairs Team - January 2016 #1

Labor Commissioner Proposes Independent Contractor Legislation - Few issues have proven to be as perennially vexing to the legislature as the definition of “independent contractor.” Legislators hear repeated complaints...more

European Parliament, Commission, and Council reach deal on draft text of Network and Information Security Directive, the first...

European authorities reached a provisional agreement on the Network and Information Security Directive, the first-ever EU-wide cybersecurity standards. Press releases from the European Parliament, European Commission, and...more

DC Circuit to Review the FCC's Robocall Rules - Do They Unfairly Expose Utilities to Fines for Keeping Their Customers Informed...

The Telephone Consumer Protection Act (TCPA) limits the use of automated dialing equipment to make calls or send text messages to wireless phone numbers without the called party's express prior consent. Because utility...more

European Commission Announces Agreement on New Cybersecurity Rules

On December 8, the European Commission announced that European Union lawmakers reached an agreement regarding cybersecurity and breach reporting legislation. The rules are intended to improve cybersecurity capabilities in...more

One Step Closer to the Network and Information Security Directive

On Monday, the European Parliament, Council and Commission came to an agreement on the Network and Information Security (NIS) Directive. The NIS Directive is the first pan-European set of cyber security rules and aims...more

Foundation: December 2015 • Vol. II, Issue 3

As we now find ourselves in the midst of Q4 with the holiday season rapidly approaching, it is safe to say that 2015 was a rather dynamic year across the board. The real estate market being no exception, we expect great...more

Brussels Regulatory Brief: September/October

On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

Department of Energy invests $34M in cybersecurity for critical infrastructure

The Department of Energy (DOE) has announced that it will invest $34M to the University of Arkansas and the University of Illinois for two projects designed to “improve and enhance” the protection of the U.S. electric grid,...more

Disclosure Of Numerous Hacks At The U.S. Department Of Energy Renews Cybersecurity Concerns In The Energy Sector

Records produced by the U.S. Department of Energy (“DOE”) to USA TODAY under a Freedom of Information Act request revealed over 150 successful cyber intrusions into DOE computer systems between 2010 and 2014. Concerns about...more

NIST issues Cybersecurity Practice Guide for Electric Utilities

Yesterday, the National Cybersecurity Center of Excellence issued its NIST Cybersecurity Practice Guide, Draft Special Publication 1800-2 “Identity and Access Management for Electric Utilities.” The Guide is a result of...more

NIST Guide Highlights Cybersecurity Considerations for Utilities and Manufacturing Companies

In 2013 alone, the U.S. Department of Homeland Security (DHS) and its Industrial Control Systems Cyber Emergency Response Team (ICS-CERT) responded to more than 256 cyber-incident reports—more than half of them in the energy...more

Germany rolls out IT Security Act

Germany's controversial IT Security Act (ITSG) came into effect on July 25, 2015.[1] The new act seeks to increase protections for German citizens, companies and government institutions that may be vulnerable to a range of IT...more

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Shocking? – Insurers Consider Potential Aggregate Risks from a Power Grid Attack

In the fast-developing cyber insurance marketplace, insurers have closely considered the possible risks and have analyzed the potential aggregation of such risks. While not the only topics of interest to insurers, these two...more

FERC, NERC and Business Blackout: New CIP Standards and Fictional Cyber Attacks

The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) July 16, 2015, proposing to approve various Critical Infrastructure Protection (CIP) reliability standards proposed by the North...more

Energy Companies and Utilities Are Well Advised to Engage in Drone Privacy Discussions

The Federal Aviation Administration (FAA) reports that, as of July 9, 2015, it has granted 746 Petitions for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 authorizing commercial operations with...more

German Parliament's IT-Security Act Covers Critical Infrastructure

On June 12, 2015, the German Parliament (Deutscher Bundestag) passed an Act to Improve the Security of Information Technology Systems ("IT-Security Act"). The new legislation requires operators of so-called critical...more

As Drones Hit the Sky, Lawsuits Predicted to Fly

The rise of Unmanned Aerial Vehicles (“UAV”), also known as drones, is well-documented. In fact, the global market for non-military drones has recently been estimated as a $2.5 billion industry that is growing at...more

FAA Proposes Framework of Regulations For Small-Scale Commercial Drones

On Feb. 15 the Federal Aviation Administration released its long-awaited proposed framework for regulating small-scale commercial drones, which weigh less than 55 pounds.1 In its proposal, the FAA made explicitly clear that...more

Federal Order Addresses California Restrictions on When Wireless Providers Can Produce Documents Responsive to Subpoenas

A recent order from the U.S. District Court for the Northern District of Illinois affirms that California Public Utilities Code § 2891 applies to wireless telecommunications providers. The argument in that case focused on the...more

Protection of Confidential Commercial Information Affirmed in Freedom of Information Decision

On February 19, 2015, the Supreme Court of Canada (SCC) denied leave to appeal from the judgment of the Alberta Court of Appeal (Court) in Imperial Oil Limited v. Alberta (Information and Privacy Commissioner). ...more

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