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DHS Designates Election Infrastructure As “Critical” Amid Cybersecurity Concerns

In a January 6, 2017 statement, Secretary of Homeland Security Jeh Johnson announced that election infrastructure in the United States has been designated “critical” and worthy of the Department of Homeland Security’s (“DHS”)...more

#MLWashingtonCyberWatch: Nominees Discuss Future of Cybersecurity

With Inauguration Day upon us, it’s time for a #MLWashingtonCyberWatch update. President-elect Donald Trump has vocalized his support for the future of “cyber” throughout his campaign – but how will members of his cabinet...more

Governor Cuomo Unveils Cybersecurity Proposals Including Cyber Incident Response Team

New York Governor Andrew Cuomo announced a series of cybersecurity proposals that are designed to protect consumers and government entities from cybercrime and identity theft. One of the proposals includes the creation of a...more

The Future of Russia Sanctions: The Awkward Edition

On January 10, 2017, Senate Republicans and Democrats introduced bi-partisan legislation called the “Countering Russian Hostilities Act of 2017,” which would impose broad sanctions on Russia. The Act would codify the...more

NIST Issues Draft Update to the Cybersecurity Framework

On January 10, 2017, as the Obama administration draws to a close, the National Institute of Standards and Technology (“NIST”) released a long-awaited draft version 1.1 of its ground-breaking Framework for Improving Critical...more

Obama Uses Executive Order Authority to Respond to Malicious Russian Cyber Activity - President Amends EO 13964 From April 2015 in...

President Barack Obama amended Executive Order (EO) 13964 on December 29, 2016, in response to intelligence community findings that the Russian government engaged in malicious cyber activity with respect to the U.S. electoral...more

Internet Law in a Trump Presidency

In a Democracy, transitions in leadership happen more frequently than in any other form of government. And with those transitions, some previous policies and orders are preserved and some are reversed. This approach to...more

Federal Cybersecurity Landscape for 2017

Regardless of who won the presidential election, it was always expected that cybersecurity would continue to be a leading concern for business and government alike. As new cyber threats and the evolution of technology and the...more

Hey! Did You Hear? The United States Imposed Sanctions Against Russia.

For those of us who live and breathe U.S. economic sanctions, we are used to most people largely ignoring what goes on in our world. The United States’ recent imposition of new sanctions against Russia, however, was not one...more

US Expands Cyber-Related Sanctions Executive Order and Designates Russian Parties

On December 29, 2016, President Obama issued a new Executive Order (EO) entitled "Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities."...more

US Imposes New Sanctions on Russia for Cyber-attacks

Five entities and six individuals were sanctioned for interference with the 2016 US election. On December 29, 2016, President Obama issued a new executive order that expands the authority of the US Secretary of Treasury...more

The CJEU Gives the UK Government Another Brexit Dilemma

In yet another key case dealing with the balance between citizens’ privacy and the ability of the state to intrude into it, the Court of Justice of the European Union (CJEU) has ruled on the compatibility with European Union...more

Obama’s National Cybersecurity Recommendations to Trump

On December 1, 2016, the Commission on Enhancing National Cybersecurity (Commission)—established ten months earlier by President Obama—released its Report on Securing and Growing the Digital Economy (Report). The 50-page...more

New EU ePrivacy rules in the making

Those who think that the EU General Data Protection Regulation is a lot to contend with are now facing the prospect of a new Regulation replacing the 2002 ePrivacy Directive. A version of the draft Regulation leaked earlier...more

Obama Commission on Enhancing National Cybersecurity Provides Recommendations to Next Administration

In April 2016, President Obama appointed the Commission on Enhancing National Cybersecurity (the “Commission”) to assess the state of our cybersecurity and develop actionable recommendations for securing the digital economy...more

The Future of Standing in Data Breach Class Actions

In today’s world, as technology costs decrease and personal information becomes more valuable on the black market, data breaches have seemingly joined the ranks of death and taxes as certainties. Add to that litigation:...more

#MLWashingtonCyberWatch: White House Releases Cybersecurity Report Aimed at New Administration

The Obama White House has grappled with cybersecurity more than any administration in history: China’s 2009 hack of Google, the 2015 Office of Personnel Management breach, and the recent investigation of Russian cyberattacks...more

Presidential Commission Releases Cybersecurity Report And Recommendations

On December 1, 2016, the Commission on Enhancing National Cybersecurity issued its final report with a series of recommendations for the incoming administration on strengthening the country’s cybersecurity. As explained...more

DOE Issues Proposed Grid Security Emergency Order Procedures in Accordance with FAST Act

On December 7, 2016, the Department of Energy (DOE) issued proposed procedures that would govern emergency orders issued by the Secretary of DOE, following the president’s declaration of a Grid Security Emergency. These...more

2016 Health Care Year in Review

Since I began writing this year-end review in 2013, there have been some common themes – a shift to pay for quality and away from fee-for service, much of which has been brought about by the Affordable Care Act (ACA): efforts...more

2017: New President, New Transportation Secretary—Where Do Drones Fit?

The Drone Manufacturers Alliance (DMA) has voiced approval of President-elect Donald Trump’s nomination of Elaine Chao as the next U.S. Secretary of Transportation in its November 9 letter to Trump and the Trump-Pence...more

2017 Labor & Employment Laws: New Year, New Government, New Challenges

On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more

Commission on Enhancing Cybersecurity Report Calls for Greater Investment

On Friday December 2nd the President’s Commission on Enhancing Cybersecurity (“Commission”) released their long-awaited Report on Securing and Growing the Digital Economy. The nonpartisan Commission was created in April by...more

Senior MP Calls for Regulatory Crackdown on Banks’ IT Systems: 3 Things You Can do to Prepare

The recent cyberattack on Tesco Bank’s IT systems has prompted Rt Hon. Andrew Tyrie MP, Chairman of the Treasury Committee, to call on regulators to take action against vulnerable bank IT systems... ...more

21st Century Cures Act Includes Prohibition on Information Blocking and Mandates for Additional HIPAA Guidance

On November 30, 2016, the U.S. House of Representatives voted strongly in favor of the 21st Century Cures Act (the Act), an expansive health bill that addresses the discovery and development of new medical therapies as well...more

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