News & Analysis as of September 25, 2024

Cybersecurity › Contract Terms

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Cyber Incidents on the Rise: Tips for Effective Data Breach Notification

Epiq on 9/11/2024

Cyber incidents have been growing at an exponential rate in recent years. A recent report from the Identity Theft Resource Center found that there were over one billion data breach victims in Q2 of 2024, which is around five...more

DOL confirms cybersecurity guidance applies to health and welfare plans

McAfee & Taft on 9/10/2024

On Friday, September 6, 2024, the U.S. Department of Labor confirmed that its cybersecurity guidance applies to all employee benefit plans, including health and welfare plans. In 2021, the DOL issued guidance providing best...more

The Subcontractor Performed. The Prime Contractor Paid. But a Hacker Ended Up with the Money. Who Is Responsible?

Venable LLP on 6/6/2024

When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more

2023 Trade Secrets End of Year Report

ArentFox Schiff on 3/13/2024

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Major Win for California Privacy Protection Agency: Enforcement of Regulations Can Begin Immediately

Mintz - Privacy & Cybersecurity Viewpoints on 2/16/2024

If you have been relying on last year’s court order staying the ability of the California Privacy Protection Agency (CPPA) to enforce regulations promulgated under the California Privacy Rights Act (CPRA) to also stay your...more

Proposed FAR Revisions Aim to Standardize Cybersecurity Requirements Across Agencies and Add Incident Reporting Obligations for...

King & Spalding on 11/2/2023

On October 3, the Department of Defense, General Services Administration, and the National Aeronautics and Space Administration published two sets of proposed revisions to the Federal Acquisition Regulation (“FAR”) pertaining...more

Insure Against Data Breaches Suffered By Vendors and Service Providers

Ervin Cohen & Jessup LLP on 7/19/2023

Over the last several years several companies, including Marriott, Yahoo and Volkswagen, have been victimized by hackers breaking into a company’s computer network. In some cases, they have put confidential information on the...more

Protecting Your Business in a Digital World: Top 10 Questions for Internal Teams and Stakeholders

Benesch on 5/17/2023

The questions below are intended to help in-house counsel obtain the most important information related to technology projects so they can evaluate risks to the company’s data, intellectual property, and commercial interests,...more

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Spilman Thomas & Battle, PLLC on 4/25/2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

Tech Vendors and Cybersecurity – Are They Responsible?

Spilman Thomas & Battle, PLLC on 4/25/2023

It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you if its product is compromised and results in a data...more

Credit Union Client Alert - Year-End Housekeeping for Credit Unions - Is Your “House” in Order?

Kaufman & Canoles on 12/7/2022

Credit unions should take the time to ensure your house is in order and fully compliant in every area before the year’s end. This will help prepare for new developments, rulings, guidance, settlement actions, and anything...more

Updating Government Contracting Documents for Cybersecurity

Dunlap Bennett & Ludwig PLLC on 11/11/2022

This article is the third and final installment in a series of articles about how lawyers can better serve their clients by involving themselves in cybersecurity planning at an early stage. Just like Return of the Jedi was...more

Due Diligence: The Key Ingredient in Restaurant M&A

Latham & Watkins LLP on 8/17/2022

Due diligence on restaurant companies should factor in industry-specific legal and operational risks. Buyers acquire restaurant companies to access new brands, expand and diversify, or vertically integrate. Attractive...more

China’s New Outbound Data Transfer Security Assessment Measures and Standard Contract Provisions

WilmerHale on 7/27/2022

Outbound Data Transfer Security Review Measures - On July 7, 2022, the Cybersecurity Administration of China (“CAC”) issued the Outbound Data Transfer Security Assessment Measures (“Security Assessment Measures”) effective...more

Check in with the Health of Your Business Each Year

Harris Beach PLLC on 7/13/2022

You schedule annual car inspections, physicals, and meetings with your accountant. But have you considered the importance of a yearly check-up for the health and well-being of your business? Connecting with your corporate...more

From Pandemic Challenges to a Potential Recession – Are Your Outsourcing Contracts Up to Date?

Morgan Lewis - Tech & Sourcing on 7/8/2022

The COVID-19 pandemic introduced unprecedented challenges, requiring companies to adapt quickly to the way their personnel work, changes in their business offerings, and how they interact with their customers and suppliers....more

[Webinar] Privacy and Cybersecurity Contracting: What’s the “Deal”? - June 29th, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on 6/10/2022

Security Schedules, Privacy Addenda, TOMs, DPAs—whatever you call them, privacy and cybersecurity contract terms have exploded in prevalence in recent years, bringing with them new importance that can lead to difficult and...more

Contractual Considerations for Self-Funded Group Health Plan Sponsors in 2022

Perkins Coie on 3/15/2022

In our January 2022 update, we discussed new federal requirements that group health plans should pay close attention to in 2022. The sponsor of a self-funded plan will need to work closely with its legal counsel, benefits...more

Twitch Files a Lawsuit to Enforce Account Termination

Wilson Sonsini Goodrich & Rosati on 10/15/2021

Content moderation is one of the biggest challenges for any interactive computer service provider that publishes information created by others. It is difficult to balance users' desires to express themselves and their desires...more

Phishing for Force Majeure – What’s the Catch?

Morgan Lewis - Tech & Sourcing on 8/10/2021

With the recent onslaught of ransomware attacks, it’s time to revisit force majeure clauses (again). Earlier in the pandemic, we reviewed how COVID-19 could impact force majeure provisions. Since then, there has been a flurry...more

[Webinar] Cyber Insurance for the Cannabis Industry - June 1st, 10:00 am - 11:00 am PT

Farella Braun + Martel LLP on 5/19/2021

Cannabis businesses have cyber security and privacy risks. While the risks are varied, many arise from the businesses’ holding of highly sensitive consumer information or confidential data about business partners. Cannabis...more

[Webinar] New Contracts: Pandemic Impact on Contract and Transaction Due Diligence - October 27th, 3:00 pm - 4:00 pm ET

Bowditch & Dewey on 10/6/2020

During times of economic turbulence and commercial uncertainty, your business team and corporate counsel are well advised to undertake a more deliberate and thorough due diligence process when entering into contract and...more

The Logical Conclusion to an Illogical Conclusion: Schrems May Forbid Data Commerce from the EU to the US

Womble Bond Dickinson on 8/12/2020

The world just received the newest pronouncement from the EU Court of Justice, in a decision known as Schrems II, and the legal opinion extends the data war declared on the United States in the first Schrems decision....more

Addressing Data Privacy and Security Provisions in COVID-19 Related Service Provider Agreements and Beyond

Epstein Becker & Green on 6/26/2020

Employers’ engagement and use of various types of vendors has expanded recently, to include vendors who assist with office re-entry screening and contact tracing as employees return to work during the COVID-19 pandemic. ...more

What Now? Addressing A Crisis Of Complexity Resulting From A Hardening D&O Insurance Market

Robins Kaplan LLP on 4/24/2020

Following several quarters of double-digit rate hikes and increased retentions, the hardening marketing for directors and officers (D&O) liability insurance is adjusting to a “new normal” of increasing exposures, claims, and...more

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Cybersecurity › Contract Terms

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