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Department of Justice Issues Best Practices Guidance on Cyber Incidents

On Wednesday, April 29, the US Department of Justice released guidance titled “Best Practices for Victim Response and Reporting of Cyber Incidents.” The guidance outlines steps companies should take before, during, and after...more

Over 4,400 comments on FAA’s proposed drone framework; Amazon wants less restrictions and more room for technological advancement

The comments period closed on April 24, 2015, for the Federal Aviation Administration’s proposed drone framework and regulations, and there were over 4,400 comments submitted. Among those opposed to the limited scope of the...more

New Guidance from the SEC: Cyber Security Best Practices

On April 28, 2015, the U.S. Securities and Exchange Commission’s Division of Investment Management (the “Division”) issued a Guidance Update to investment and fund advisers on the topic of improving cyber security. While it...more

SEC Updates Guidance on Cybersecurity

Emphasizing the critical importance of cybersecurity to registered investment companies (RICs), including insurance separate accounts and business development companies, and to investment advisers, the SEC’s Division of...more

IREG Update

Cybersecurity and the Insurance industry - Cybersecurity is quickly emerging as a top policy issue for insurance regulators. Speaking at a Dow Jones Risk & Compliance forum last week, on April 21, 2015, New York...more

Addressing Cybersecurity Oversight in Audit Committee Charters

Cybersecurity continues to emerge as a key risk that is attracting the attention of regulators and boards of directors. Companies take different approaches regarding how the board fulfills its oversight duty with respect to...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

HIPAA Enforcement Remains a Concern for Providers of All Sizes

On Monday, April 27, 2015, the Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") announced a settlement with Cornell Prescription Pharmacy ("Cornell"). Under the Resolution Agreement, Cornell...more

SEC Issues New Cybersecurity Guidance for Investment Funds

On April 28, the Securities and Exchange Commission (SEC) Division of Investment Management (the “Division”) published a Guidance Update setting forth cybersecurity concerns and advice for the registered investment ...more

Target proposed settlement with MasterCard faces opposition

We previously reported that Target and MasterCard had entered into a proposed $19 million settlement to reimburse card issuers for expenses related to the re-issuance of credit and debit cards to customers affected by the...more

Data Breach Legislation – Creating a Federal Standard

Whatever your political viewpoints may be on the dividing line between federal and state responsibilities, or the interpretation of the 10th Amendment to our Constitution, there is no question the Framers saw an important...more

OCR Settles Alleged HIPAA Violations with Small, Single Location Pharmacy for $125,000 – Emphases Importance for Secure Disposal...

The U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) announced yesterday a new settlement relating to potential violations of the Health Insurance Portability and Accountability Act of 1996...more

Cybersecurity is a Real Risk, So Become “Compromise Ready”

Many have heard that “it is not a matter of if a company will be attacked, but when.” Statements like this used to be met with skepticism – companies would say we do not have information hackers want, we outsource our...more

Colorado Compounding Pharmacy Enters Six-Figure Settlement Agreement to Settle Alleged HIPAA Privacy Rule Violations

On April 27, 2015, the U.S. Department of Health and Human Services (HHS) announced that Cornell Prescription Pharmacy (CPP), a single-location pharmacy in the Denver, Colo. metropolitan area, agreed to settle alleged HIPAA...more

Washington State Significantly Expands Data Breach Notification Requirements

Washington State Governor Jay Inslee signed legislation making Washington among the five US states with the most rigorous data breach notification laws enacted to date. Washington joins Florida, Ohio, Vermont, and Wisconsin...more

ONC Updated Electronic Health Information Privacy/Security Guidance

The Office of the National Coordinator for Health Information Technology (ONC) has released a revised Guide to Privacy and Security of Electronic Health Information. The guide is intended to help health care providers –...more

New York’s DFS Reports on Third-Party Cyber Security

Why it matters - A new report released by New York’s Department of Financial Services (DFS) detailed the vulnerabilities found in the relationships that many financial institutions have with their third-party vendors....more

Washington State Amends Data Breach Law

Passage of H.B. 1078 sets a 45-day notification deadline, adds additional notice requirements Washington Governor Jay Inslee signed H.B. 1078 into law on April 23, revising the state’s data breach notification statute and...more

Montana and Wyoming Expand Data Breach Notice Requirements

Companies that electronically store personal information about residents of Montana and Wyoming must now take note of additional notice requirements following data breach incidents. With the ever-increasing number of such...more

First IoT Legal and Business Framework Webinar: Summary of Conclusions!

Thank you all for attending our webinar on the “Internet of Things Legal and Business Framework”. For those who could not attend, the main conclusions are summarized below...more

NAIC Provides Insurers and Regulators with Guidance on Data Security

Cybersecurity risks have become more significant as critical consumer financial and health information is increasingly stored in electronic form. On April 16, 2015, the National Association of Insurance Commissioners (NAIC)...more

New York State Department of Financial Services Publishes Survey Results on Banking Industry Third-Party Service Providers and...

The New York State Department of Financial Services (NYDFS) recently published the results of its cybersecurity survey of more than 150 regulated small, medium, and large banking organizations. The survey asked for...more

Telematics and Usage-Based Insurance: Benefits, Challenges, and the Future

The NAIC’s Center for Insurance Policy and Research (CIPR) released a white paper in March 2015 providing an excellent overview of the brave new world of automobile “telematics” data and their use in premium rate-making by...more

Regulators Examining Cybersecurity Policies and Practices for the Insurance Industry

Shortly after the discovery of a cybersecurity breach at the health insurance company Anthem, Inc., the National Association of Insurance Commissioners (NAIC) called for a multi-state examination of Anthem’s cybersecurity...more

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

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