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In view of the well-publicized data breaches in 2014 and the current renewed federal legislative focus on privacy and data security issues, we are highlighting some action items to safeguard your company’s information assets,...more
On November 26st, 2014, the EU Article 29 Working Party (the "Working Party") issued a "Working Document Setting Forth a Co-Operation Procedure for Issuing Common Opinions on ‘Contractual Clauses’ Considered as compliant with...more
CSBS publishes Draft Model Regulatory Framework to promote consistent state regulation of virtual currency activities and protect consumers in the event of a breach. In March 2014, “Mt. Gox,” one of the largest and best-known...more
Any company that uses information technology is a potential target for data theft, advanced malware and other cyber threats. Cyber threats have emerged as a growing systemic risk particularly to the financial sector in which...more
Legislators from the House of Representatives will begin work today on figuring out how to protect American companies from cybersecurity breaches. The panel will host comments from the retail, tech, and marketing industry...more
On Tuesday, the House Energy & Commerce Subcommittee on Commerce, Manufacturing, and Trade held a hearing entitled "What are the Elements of Sound Data Breach Legislation?" This hearing was the first of the new Congress to...more
After the Italian term, the Latvian Prime Minister, Mrs. Laimdota Straujuma, took over the rotating presidency of the Council of the European Union. The Prime Minister, during the debate before the European Parliament,...more
New York’s Attorney General, Eric T. Schneiderman, plans to propose new data security legislation this year which, if enacted, could result in New York having one of the strongest data breach laws in the country....more
This past year has been called the "year of the massive data breach," with many high-profile attacks on well-known companies. Skadden partners Cyrus Amir-Mokri, Patrick Fitzgerald, Marc S. Gerber, Stuart D. Levi and Timothy...more
Hey, What Happened to My Internet Connection? -
In February 2013, a guest who stayed at the Gaylord Opryland Hotel and Convention Center in Nashville filed a complaint with the Federal Communications Commission,...more
A pharmaceutical firm’s ability to efficiently produce and promote a better treatment for Alzheimer’s disease lies at the center of an antitrust lawsuit pending before the U.S. Court of Appeals for the Second Circuit. In...more
In his sixth State of the Union Address to Congress, President Obama again called on Congress to strengthen the nation’s cybersecurity laws and enact a federal standard for data security and breach notification. Speaking...more
With the global economic cost of cybercrime totaling more than $400 billion per year and breaches affecting companies ranging from retailers (e.g. Target, Walmart and Staples) and restaurants (Dairy Queen and Jimmy John’s) to...more
Turkey’s Parliament has approved Law No. 6563 on the Regulation of Electronic Commerce (Law) aimed at creating a more secure, transparent and accessible e-commerce environment. The Law is expected to come into force 1 May...more
The Organisation for Economic Cooperation and Development (OECD) released Consumer Policy Guidance on Intangible Digital Content Products (Guidance) for protecting online consumers of digital content....more
Last week, New York Attorney General Eric Schneiderman announced that he would propose a new data security law in his state that would require companies to take increased safeguards for the protection of personal information....more
The Article 29 Data Protection Working Party (Working Party) released a Working Document setting forth a co-operation procedure for issuing common opinions on “Contractual clauses” considered as compliant with the EC Model...more
New York State Attorney General Eric Schneiderman has proposed legislation that would make the state’s data security law the strongest in the country and require “unprecedented safeguards” for personal data....more
In the wake of recent cyber attacks on U.S. companies, including the now famous Sony hack, President Obama has proposed new federal legislation that would presumably provide more security for confidential and private...more
Fast on the heels of President Obama’s proposal to create a national data breach notification standard, yesterday, New York Attorney General, Eric Schneiderman announced that he will propose legislation that would...more
Phase 2 of Canada’s Anti-Spam Legislation (CASL) relating to the installation of computer programs will come into force on January 15, 2015. Commonly referred to as the malware prohibition, CASL goes far beyond prohibiting...more
What is the “Naturally Occurring” Defense? -
One of the few defenses available to a company under Proposition 65 is the “Naturally Occurring” exemption for “food.” (CA Code of Regulations, Title 27, § 25501). Food...more
The “Yelp” Bill impacts any entity or person doing business with consumers in California. Those who are fans of writing product or service reviews for sites such as Yelp will be pleased that California law just made it much...more
Last week, the online shoe and clothing retailer Zappos.com, Inc., reached a settlement with nine state Attorneys General over a 2012 data security breach that allegedly exposed the personal information of more than 24...more
On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) published two notices of proposed rulemaking regarding the State’s Proposition 65 warning regulations.
OEHHA proposes to repeal...more
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