Cybersecurity Federal Trade Commission

Cybersecurity is a term used to describe methods and systems for protecting sensitive information in the electronic sphere. As more financial, business, and personal information becomes exclusively maintained and... more +
Cybersecurity is a term used to describe methods and systems for protecting sensitive information in the electronic sphere. As more financial, business, and personal information becomes exclusively maintained and stored electronically, the risks of attacks, leaks, and disclosures become more pronouced. The concept of Cybersecurity encompasses a broad array of issues, including governmental regulations to ward off cyber terrorists, industry data collection and maintenance practices, and consumer advocacy to ensure the privacy of individuals' personal and medical information.     less -
News & Analysis as of

Special Alert: Cross-Border Data Transfers Significantly Impacted by EU Court Decision Invalidating Adequacy of U.S.-EU Data...

On October 6, 2015, the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner (“Schrems”) declared “invalid” a decision of the European Commission that the United States-European Union Safe...more

[Webinar] Information Security: Background & Recent Developments - Oct. 15th, 12:00pm ET

Join us for an in-depth webinar presented by litigation attorneys James Ward and Phil Stein on the trending topic of information security and how to protect your company from a data breach. This webinar will address what you...more

Uncertainty Abounds After EU High Court Invalidates EU-U.S. Safe Harbor Framework

On October 6, 2015, the Court of Justice of the European Union declared invalid the more than 15-year-old EU-U.S. Safe Harbor Framework. Thousands of U.S. businesses have complied with, and thus relied upon, the Safe Harbor...more

EU High Court Invalidates U.S.-EU Safe Harbor Framework

As has been widely reported, the U.S.-EU Safe Harbor – probably the most commonly used method for transferring personal data to the United States – has been invalidated by an EU court. The court’s decision has wide-ranging...more

Did the ECJ Kill the Safe Harbor Framework on E.U.-U.S. Data Transfers?

On October 6, 2015, the European Court of Justice (“ECJ”) ruled in the “Schrems” case that the U.S.-EU Safe Harbor framework on the transfer of personal data from Europe to the United States, was invalid. ...more

"Privacy & Cybersecurity Update - FTC Mobile Privacy Disclosures: Court of Justice of the European Union Declares US-EU Safe...

“Decision 2000/520 is invalid.” With those four words, the Court of Justice of the European Union (CJEU) sent shock waves through the European and U.S. business communities on October 6, 2015, with a landmark decision finding...more

What Does the European Court of Justice's Invalidation of the U.S.-EU Safe Harbor Framework Mean For U.S.-Based Multinational...

In a landmark decision that will dramatically affect thousands of U.S. companies that transfer personal data from the European Union ("EU") to the United States, the European Union Court of Justice ("ECJ") yesterday...more

Keep Calm and Data Transfer On (… mostly … for now) - M&E Cybersecurity & Data Privacy Alert

Most of you already have Twitter feeds, Facebook pages, and—the aged among you—in-boxes overflowing with news about yesterday’s decision from the European Court of Justice (“ECJ”). Some of you read each message, anxiously...more

FTC Gives Words of Warning to the Wise

The Federal Trade Commission has issued new guidance on data security to help businesses that collect, store and use consumer information to stay out of hot water with the agency. Gleaned from the more than 50...more

European Union Advocate General Calls For High Court to Rule U.S.-EU Data Sharing Program Invalid

In an opinion that has the potential to seriously disrupt how U.S. companies can share data from Europe, on September 23, Advocate General (AG) Yves Bot of the Court of Justice of the European Union (CJEU) declared that the...more

Cybersecurity + Law Enforcement: The Cutting Edge Symposium | Friday, OctobeWU Law | Bristol,r 16, 2015 R Rhode Island

Cybersecurity, encryption, and government surveillance are daily challenges for public officials, corporations, and lawyers. On October 16, the Roger Williams University School of Law will present Cybersecurity and Law...more

What is reasonable? The emerging legalities of cybersecurity post-Wyndham

This month’s edition of the Advanced Cyber Security Center’s newletter includes my discussion of lessons to be learned from the Wyndham decision: Historically, security was an issue reserved in a back room for the IT...more

European Court of Justice May Invalidate Safe Harbor Framework

In a landmark decision that threatens to undo the process by which American companies handle personal data flowing from the European Union, the Advocate General (AG) of the European Court of Justice (ECJ) issued an advisory...more

FTC Fines Can Add Salt to a Cybersecurity Wound

Cyberattacks are on the rise—so much that we seem to hear about a high-profile hack more often than it probably rains in most parts of California. Although reputational damage from a cyberattack can be scarring, a recent U.S....more

FTC v. Wyndham: The Third Circuit Recognizes FTC Authority to Regulate Commercial Cyber Security Practices

In 2014, the United States Court of Appeals for the Third Circuit ruling in FTC v. Wyndham Worldwide Corporation agreed to hear an immediate appeal on two issues: “whether the FTC has authority to regulate cybersecurity under...more

SEC’s Increased Cybersecurity Enforcement and How to Reduce Your Risks

The SEC announced last week that an investment adviser had agreed to settle charges that it failed to take required steps to protect against and respond effectively to a cybersecurity breach. The action comes on the heels of...more

Just Like Neiman Case, FTC v. Wyndham Decision Not All It’s Cracked Up to Be

Back on July 20 this year, the Seventh Circuit Court of Appeals decided Remijas v. Neiman Marcus, leading a chorus of pundits to declare that case changed everything when it comes to data breach cases, signaling a “new tilt...more

Court says FTC has Power to Regulate Corporate Cybersecurity Policies (New Jersey)

Fed. Trade Comm’n v. Wyndham Worldwide Corp., 2015 WL 4998121 (3d Cir. N.J. Aug. 24, 2015) - In this Federal Trade Commission investigation, the FTC alleged that the defendant’s cybersecurity policies resulted in unfair...more

Return of the Cyborg—FTC and SEC Oversight of Cybersecurity Ramps Up

The government appears to be increasing its enforcement efforts regarding cybersecurity risks. A three-judge panel of the U.S Court of Appeals for the Third Circuit recently held the FTC may bring a claim that a company’s...more

Financial Services Report, Fall 2015

BELTWAY - Straight Out of the Seventh Circuit The Seventh Circuit recently affirmed a lower court’s ruling that the SEC cannot be sued in district court to stop it from bringing an administrative action. Bebo v. SEC, No....more

Burning Down The House – The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked

As it is commonly understood, the Great Fire of London spawned two fixtures of the modern world: advancements in firefighting and property insurance. The risk of fire was seen as a threat to society as a whole and mechanisms...more

FTC v. Wyndham Worldwide Group - A Warning From the Third Circuit

On August 24, in  FTC v. Wyndham Worldwide Corp. et al, the Third Circuit Court of Appeals affirmed that the FTC could enforce its own reasonable interpretation of what cybersecurity standards are necessary to avoid...more

Ashley Madison Breach Another Warning To Companies

Add dating website Ashley Madison to the list of large companies like Target, Home Depot and Michael’s that have had customer information stolen by hackers. Published reports say Ashley Madison is now facing multiple lawsuits...more

Securities Litigation and Enforcement Newsletter

A CD or not a CD, That is the Question… That the Auditors Should Have Answered - A headline-grabbing SEC enforcement action last week against BDO USA and several of its national partners may lead audit firms to insist on...more

Advertising Law - September 2015

Third Circuit Affirms FTC's Power to Regulate Data Security Practices - Affirming the power of the Federal Trade Commission to regulate corporate cybersecurity, the Third Circuit Court of Appeals held that the agency may...more

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