News & Analysis as of

California Attorney General Releases Breach Report with Key Findings and Recommendations for Retailers, Financial Institutions and...

California Attorney General Kamala D. Harris has released a “California Data Breach Report,” which presents a series of findings and recommendations based on a review of breaches reported to the Attorney General’s office in...more

Improving Data Breach Security, from the Customer’s Wallet on Up: In Wake of Massive Breaches, It May be Time to Consider...

In early September, Home Depot announced that it had suffered a severe security incident, which resulted in a massive data breach that exposed the payment card information of Home Depot customers across the United States and...more

DOJ Issues First Business Review Letter Following Agencies’ Joint Policy Statements on Cybersecurity

On October 2, 2014, the U.S. Department of Justice (DOJ) issued its first business review letter since issuing jointly with the Federal Trade Commission (FTC) the Agencies’ Antitrust Policy Statement on Sharing of...more

Alert: The "Chip-and-PIN" Executive Order

On Friday, October 17, Obama signed his second major cyber-related executive order in the past two years. This most recent EO, entitled "Improving the Security of Consumer Financial Transactions," focuses squarely on the...more

FDA Flunks Data Security Exam

Last week, the HHS Office of Inspector General released a damning report on FDA’s data security: “The objective of this review was to determine whether the FDA’s network and external Web applications were vulnerable to...more

FDA Issues Cybersecurity Guidelines - Manufacturers of Medical Devices Encouraged to Develop Cybersecurity Controls

The Food and Drug Administration (FDA) issued guidelines this month recommending that manufacturers develop a set of cybersecurity controls in the design of medical devices capable of connecting to the Internet, a network, or...more

Align by Design: Global Privacy Authorities Weigh in on the Internet of Things

The rapid growth of the internet of things has sharpened public focus on consumer data protection practices. On October 14th, the 36th International Conference of Data Protection and Privacy Officials offered its views on...more

“Reasonable Inquiry”: Complying With Rule 26(g) In The Age Of Technology

There can be little debate that electronically stored information (“ESI”) has altered the landscape of discovery in civil litigation. The number of devices that transmit or store electronic data as well as the volume of data...more

Administration and SIFMA Announce New Steps to Make Financial Data More Secure

On October 17, 2014, President Obama directed the federal government to take steps to improve the security of financial transactions in the United States. As part of the “BuySecure” Initiative, the President pledged a...more

Data protection obligations on banks into force in Italy

The Italian Data Protection Authority issued regulations introducing new relevant data protection obligations for banks in the processing of customers’ personal data by their employees aimed at monitoring the transfer of...more

National Cyber Security Month Reminds Organizations of the Need for Compliance

As the relationship between the American public and computers continues to evolve, the Department of Homeland Security (DHS) promotes safe and secure Internet use each October during National Cyber Security Awareness Month....more

Software Companies Now on Notice That Encryption Exports May Be Treated More Seriously: $750,000 Fine Against Intel Subsidiary

The Bureau of Industry and Security (BIS) recently issued a $750,000 fine against an Intel subsidiary for the unlawful exportation of software products that enable encryption. This is a sharp departure from BIS’s historical...more

House Committee On Oversight And Government Reform Request Hearing Regarding Data Security Breach

On October 7, Elijah Cummings, the Ranking Member of the House Committee on Oversight and Government Reform, issued a letter asking committee Chairman Darrell Issa to hold a bipartisan hearing to examine a recent data...more

Data Privacy: The Next Frontier of Corporate Compliance [Video]

Companies are collecting more and more personal data. With that collection is an increased responsibility and the potential for more government regulation. Attorneys Rick Martinez and Seth Northrop discuss the changes that...more

October is National Cybersecurity Awareness Month

Another year has passed and we again welcome October, National Cybersecurity Awareness Month. It seems a bit dismissive to have only one month dedicated to cybersecurity awareness given the magnitude and number of...more

Health Care E-Note - September 2014

In This Issue: - Doctors, Insurers Critical of Medicare Physician Fee Schedule - Health Spending Expected to Increase Modestly Over Next Decade - U.S. Hospitals Have Highest Administrative Costs...more

Regulators at SIFMA Regional Conference Highlight Regulatory, Litigation and Arbitration Risks

At a recent regional SIFMA conference, the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA) and state regulators discussed the risks inherent in the ongoing low-yield environment....more

It’s 11:30 PM, do you know where your data is? Privacy & Connected Devices

This marks the second week of National Cyber Security Awareness Month, and one focused on the Secure Development of IT Products, so it seems only appropriate to discuss security and The Internet of Things and a recent panel...more

Data Privacy and Cyber Security in Hong Kong: The New Enforcement Imperative

Introduction - Cyber security has gained increasing attention in recent years and cyber attacks have become more sophisticated and more frequent. Cyber attacks and other data breaches can affect millions of customers...more

California Amends Data Breach Law

On September 30, 2014, California joined the trend and enacted amendments to its data security laws. First, the new law expands its scope to third-party service providers and businesses that do not just “own or license...more

Blog: FDA Issues Final Cybersecurity Guidance for Medical Devices

On October 1 the US Food and Drug Administration (FDA) issued final guidance regarding cybersecurity for medical devices. The FDA guidelines urge device manufacturers to include safety controls on devices to prevent cyber...more

FDA Final Guidance Confirms Role of Medical Device Firms in Cybersecurity Management

On October 2, 2014, the Food and Drug Administration (“FDA”) released the final version of a guidance document entitled, “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices.” As discussed in a...more

The typical data breach lawsuit and how to protect your company

The typical data breach lawsuit and how to protect your company - Companies can ill afford to wait until they experience a data breach to implement protective measures - With more than 1,367 confirmed data...more

Liable for not Learning from Target Data Breach?

Has the standard of care for retailers handling consumer data shifted in the last 9 months? As analysts compare the recent Home Depot data breach to the data breach of the credit card processing system at Target last...more

NBC's The Blacklist or Real-Life Attack on JPMorgan?

Attack of the hackers - Whenever I watch one of those hacker movies, I always think, “There’s no way they could actually hack into [insert the name of a heavily protected government or financial institution database...more

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