Foley Hoag LLP - Privacy & Data Security

Court Declines to Issue Seizure Order under Defend Trade Secrets Act

As we previously reported, the federal Defend Trade Secrets Act (DTSA) enacted last May includes a powerful ex parte seizure proceeding that allows courts in “extraordinary circumstances” to order the seizure of property…more
| Business Organizations, Civil Procedure, Privacy, Science, Computers, & Technology

Make Cybersecurity Great Again? Cybersecurity Challenges — and Opportunities — for the Trump Administration

The Trump Administration has taken office at a time when cybersecurity has increasingly entered the public consciousness as a major challenge facing both the United States government and the business community. Cyberattacks…more
| Elections & Politics, Privacy, Consumer Protection, Science, Computers, & Technology

Hey, Alexa – Tell Me About My Privacy Rights!

For internet-of-things watchers, some information to chew on: several news outlets have reported on a dispute between Amazon and law enforcement investigators in Bentonville, Arkansas. Arkansas police are investigating an…more
| Privacy, Science, Computers, & Technology

The European Watchdogs Issue First Guidelines On GDPR

The new (EU) 2016/679 General Data Protection Regulation (GDPR) will enter into force on 25 May 2018. Its scope is broader than that of the current 95/46/CE Directive, which means that more companies headquartered outside of the…more
| Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Cybersecurity Incident Response: Who You Gonna Call?

Who should you call when you suspect, or are certain of, a data breach? Data breaches and other cybersecurity incidents have become of a fact of life. Yahoo! recently disclosed that data for over one billion users was…more
| Consumer Protection, Privacy, Science, Computers, & Technology

A Privacy Shield Replaces a Safe Harbor for the Swiss, Too

US companies with employees or clients in Switzerland will be interested to hear that the new Swiss-US Privacy Shield was approved on 11 January. Although Switzerland is not a member of the European Union, its data…more
| Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

How Should We Think About Cyber War, Where Rules Remain to be Written?

The recent hack of the Democratic National Committee (DNC) and the United States’ subsequent decision to impose retaliatory sanctions against Russia poses an important question: what does international law have to say about…more
| Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

New York’s “First in the Nation” Financial-Sector Cybersecurity Regulations Put on Hold.

In late December, New York’s Financial Services Superintendent Maria T. Vullo announced that the New York’s Department of Financial Services’ (“DFS”) new cybersecurity regulations would not go into effect on January 1, 2017 as…more
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology

Cybersecurity 2017 – The Year in Preview: Changes Afoot in Federal Enforcement?

Editor’s note: This is the sixth and last in our end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, HIPAA compliance, emerging threats, and energy. See you in…more
| Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

Cybersecurity 2017 – The Year in Preview: Energy and Security

Editor’s note: This is the fifth in a continuing end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, HIPAA compliance, and emerging threats. Our last post will focus on federal…more
| Consumer Protection, Energy & Utilities, Privacy, Science, Computers, & Technology

Additional Clarification regarding HHS OCR Phishing Email Alert

More information from HHS OCR about the phishing threat... ..On November 28, 2016, the HHS Office for Civil Rights issued a listserv announcement warning covered entities and their business associates about a phishing email…more
| Consumer Protection, Health, Privacy, Securities Law

Cybersecurity 2017 – The Year in Preview: Emerging Security Threats

Editor’s note: This is the fourth in a continuing end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, and HIPAA compliance. Our last two posts will focus on the energy industry,…more
| Consumer Protection, Privacy, Science, Computers, & Technology

HHS OCR Alert: Phishing Email Disguised as Official OCR Audit Communication

This alert just in from HHS OCR: “It has come to our attention that a phishing email is being circulated on mock HHS Departmental letterhead under the signature of OCR’s Director, Jocelyn Samuels. This email appears to be…more
| Consumer Protection, Health, Privacy, Securities Law

More on HIPAA Audits for 2016 and 2017–Desk Audits and On-Site Audits

As part of the ongoing HHS OCR HIPAA audit initiative, it is conducting “HIPAA desk audits.” These audits don’t involve auditors coming in your facility. Instead, covered entities are being asked to submit documents on..…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

Cybersecurity 2017 – The Year In Preview: HIPAA Compliance

Editor’s Note: This is the third in a continuing end-of-year series. The year ahead promises to be a busy one for those with responsibility for HIPAA compliance, as the Office of Civil Rights (OCR), charged with…more
| Consumer Protection, Privacy, Health, Science, Computers, & Technology
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Contact: Audra Callanan

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