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Study Finds Companies May Do Too Much For Data Breach Victims

A recent study at the University of Arkansas suggests that organizations should avoid doing too much for individuals affected by a data breach. That is, when organizations provide compensation to breach victims that exceeds...more

New FTC Data Breach Response Guidelines

Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

Data Protection Officer and IT Manager – Two Jobs That Do Not Match

Companies required to appoint a data protection officer (“DPO” ) in Europe should carefully consider which candidate is best to select for the job. A company established in Bavaria, Germany, was recently fined by the Bavarian...more

Lessons Learned in London

Earlier this month, I spent a week in the birthplace of D&O insurance, London. In addition to moderating a panel at Advisen’s European Executive Risks Insights Conference, I met with many energetic and talented D&O insurance...more

FTC Publishes Data Breach Response Guidelines

Whether resulting from a planned cyberattack or mere carelessness, data breaches are on the rise. In 2015, 781 data breaches were reported across the United States, with the average breach costing $3.8 million. In 2016, the...more

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more

Business Litigation Report - November 2016

Second Circuit: International Comity Precludes Antitrust Liability of Chinese Manufacturers for Conduct Mandated by Chinese Law - On September 30, 2016, the U.S. Court of Appeals for the Second Circuit issued its...more

The Sharing Economy: Developments in Collaborative Workspaces

Alternative office space sharing arrangements offer several benefits but are not without their downsides. The Great Recession of the late 2000s and the rise of the sharing economy have led to a concurrent growth in...more

Data Breach Notification In the EU: A Comparison of US and Soon-To-Be EU Law

In the United States Congress has repeatedly attempted, but failed, to agree on federal data breach notification legislation. As a result, there is no single federal statute that imposes a breach notification obligation on...more

Brexit: Impact on data protection

Following the UK's vote to leave the European Union, we consider the potential implications for data protection compliance. ...more

FAA Sends Proposed Rule for Drone Flights over People to the White House OIRA

Recently, the Federal Aviation Administration (FAA) proposed a new rule for performance-based standards and means-of-compliance for operation of small unmanned aircraft systems (UAS or “drones’) over people who are not...more

Businesses can refuse Subject Access Requests made for the dominant purpose of litigation

The High Court has ruled that a business that receives a Subject Access Request ("SAR") can refuse to disclose the requested information in some cases, if the dominant purpose of the SAR is litigation. This appears to mark a...more

Know Your Cyber Insurance Gaps Before a Breach Hits

Data breaches are on the rise throughout the business sector, including the hospitality industry. In 2015, in California alone, there were approximately 178 reported breaches that compromised 24 million records,...more

DFS Cyber Regulation: Changing the Rules – An Interview with Bay Dynamics’ Steven Grossman

As part of Patterson Belknap’s continuing focus on the New York Department of Financial Services (DFS) proposed cybersecurity regulation, we sat down with Steven Grossman, VP Strategy & Enablement at Bay Dynamics, a cyber...more

Internet of Things (IoT) Security Takes Center Stage At FBI, DHS, NIST and Congress

On October 21, 2016, a domain name service host and internet management company experienced at least two waves of a distributed denial of service (DDoS) attack that impacted at least 80 websites, including those belonging to...more

Privacy Tip #61 – Beware of Fake Apps that are Gearing Up for the Holiday Season

The New York Times reported last week that “hundreds of fake retail and product apps have popped up in Apple’s App Store in recent weeks”—just in time to deceive holiday shoppers....more

FCC Adopts New Broadband Privacy Rules and Begins Process to Eliminate Mandatory Arbitration Clauses

On November 2, the FCC released its Report and Order adopting new broadband privacy rules after a 3-2 vote. Among other extensive obligations, the new rules require broadband Internet service providers to notify...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

Morgan Lewis Urges NYDFS to Modify Proposed Cybersecurity Rules

The New York Department of Financial Services has issued proposed “first-in-the-nation” cybersecurity rules that could place a heavy compliance burden on affected financial companies; Morgan Lewis submitted a comment letter...more

Law Firms and Vendors Mandated to Up Their Cyber Game: Final Installment in a 3-Part Series

This is our final 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

You Just Used My Picture Without Permission?

Artist Richard Prince’s exhibit entitled “New Portraits’’ was displayed at New York City’s Gagosian Gallery and Frieze New York during the summer of 2015. This exhibit featured screenshots of other people’s Instagram photos....more

FTC Releases Tips & Advice on Ransomware

On November 10, 2016, the Federal Trade Commission (FTC) released tips and advice for businesses and consumers on ransomware. For businesses, the FTC released Ransomware – A closer look and a companion video, Defend against...more

Global Privacy and Data Protection Roundup: Fall 2016

Privacy and data protection continues to be an international patchwork of laws impacting how personal data is collected, secured, used and shared across borders, and how we contend with the misuse of information technology. ...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

How cybersecure are you?

Cybersecurity has soared to the very top of mind for many businesses, and DLA Piper is actively exploring the implications of this fast-moving area. The materials from three of our recent webinars looking at key aspects of...more

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