Data Retention

News & Analysis as of

New Cybersecurity Regulations for Financial Services Companies in New York State

Action item: Banking, insurance, and other financial services companies in New York State must be aware of new comprehensive cybersecurity regulations proposed by the Department of Financial Services that will require covered...more

Stinson Leonard Street's Emerging Trends Newsletter - Q3

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

The New York State Department of Financial Services Proposes Robust Cybersecurity Rules

On September 13, 2016, the New York State Department of Financial Services (DFS) proposed new rules that would require certain “Covered Entities” to establish and implement cybersecurity programs designed to protect nonpublic...more

In-House Elevated|The Time for In-house E-Discovery Is Now

It’s a data jungle out there—especially if you are sitting in the corporate counsel’s office, worrying about your organization’s growing stockpile of data in the cloud. In 2015, just 5 percent of data for discovery review was...more

Considering E-Discovery in Cloud Contracts

Earlier this year, I predicted that 2016 would be a year of increased focus on e-discovery from cloud-based sources and postulated that many organizations would demand better e-discovery solutions and increased cooperation...more

Tales from the Trenches: Lessons Learned from the Ashley Madison Data Breach

In July 2015, the online cheating website Ashley Madison was hacked and data pertaining to its 37 million users were published online. The story made headlines given the sensitive nature of the information exposed, the number...more

Privacy & Cybersecurity Update: New York State Proposes Cybersecurity Regulation for Financial Institutions

New York state has proposed a new regulation — to go into effect January 1, 2017 — that would require banks, insurance companies and other financial services institutions regulated by the New York State Department of...more

Staggering Data Statistics (and What You Can Do About It)

Organizations are at a critical crossroads when it comes to their data. Did you know that: - Since 2008, e-mail stores have grown by nearly 500 percent? Other forms of unstructured data storage, which have ballooned...more

Connecticut State Police Lead the Way in Training Electronic Storage Device Dogs

The Connecticut State Police have taken the lead in training police dogs skilled in the art of detecting hidden data. As more and more crimes involve electronic evidence, criminal enforcement agencies throughout the country...more

Top Four Ways Smart Companies Mitigate Litigation Risk

Do you worry about what would happen if that one “smoking gun” got into the hands of your adversary? Have your employees been educated on the “do’s” and “don’ts” of drafting documents, particularly e-mails? Does your...more

Visibility is a Trap: Panopticism, E-Discovery, and the Rich Kids of Instagram

Jeremy Bentham's Panopticon, an 18th century architectural structure first imagined for prisons, works as a metaphor for the power of social media in the 21 st century. The idea behind the panopticon is that any group of...more

Blog: Open Payments Changes On the Horizon?

The Centers for Medicare & Medicaid Services (CMS) recently announced in the 2017 Physician Fee Schedule proposed rule that since publication and implementation of the Open Payments Final Rule and the 2015 Physician Fee...more

“Yarovaya” Law – New Data Retention Obligations for Telecom Providers and Arrangers in Russia

On July 6, 2016, Russian President Vladimir Putin signed Federal Law No 374-FZ. This law is also known as the “Yarovaya” law (named after a Russian senator who was the main driving force for the law to come into...more

Regulators' IM Crackdown May Increase Cyber Risk

In April, the Office of the Comptroller of the Currency issued a bulletin specifically aimed at banks' use of internal messaging software. The bulletin was issued to "remind" banks of their obligations related to the...more

WilmerHale Privacy and Cybersecurity Law Blog - Comparison of Requirements Under the Privacy Shield/Safe Harbor Principles

Notice Requirements - The Privacy Shield notice requirements are more specific and detailed than what was required by the Safe Harbor regime. Safe Harbor required a privacy policy to provide information on data...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 6: Data...

Why does this topic matter to organisations? The Data Protection Principles provide the conditions on which an organisation is permitted to process personal data. If an organisation cannot satisfy the Data Protection...more

EU-U.S. Data Privacy Shield adopted – a phoenix rising from the ashes of Safe Harbour?

The EU-U.S. Privacy Shield has been adopted by the European Commission. On 12 July 2016, following a positive vote from the member states (the Article 31 Committee) on 8 July, the EU College of Commissioners formally adopted...more

Privacy Shield Moves Forward, Company Certifications to Begin August 1

The European Commission formally adopted the EU-US Privacy Shield on July 12, 2016, ending months of legal uncertainty with a new framework for governing transatlantic data transfers after the Privacy Safe Harbor framework...more

Privacy Shield is Finally Official

The EU Commission has formally adopted Privacy Shield and the US Department of Commerce will go live with a new Privacy Shield registration website on August 1. US companies that had been registered under Safe Harbor will...more

Best Practices For Implementing Internal Security Controls

Many security risks can be avoided or mitigated by implementing sufficient internal security controls which are tailored to the organization’s size, needs, and specific industry. The Federal Trade Commission (“FTC”) sets...more

New Agreement on Privacy Shield Set to Become Final in Early July

On June 24, 2016, the European Commission announced that it had reached a final agreement with the United States on the terms of the EU-U.S. Privacy Shield, which will permit U.S. companies to transfer the personal data of...more

What a Long Strange Trip It’s Been: E-Discovery Travel Guide Prepares Legal Teams for Adventure

The e-discovery process is definitely a trip. With each new matter comes new challenges, variables, data types, and key players—both inside and outside of your organization. And like a road trip, it can be a nightmare or a...more

Discovery Obligations – Identification

This is the second blog in our series regarding the obligations to preserve, identify and collect all relevant and material records in litigation or during an investigation. Earlier this year we wrote about the importance of...more

FCC Issues NPRM to Remove Correspondence From Public File

On a day when a major broadcast ownership decision from the U.S. Court of Appeals for the Third Circuit garnered most of the attention, the FCC worked on more prosaic matters, issuing a Notice of Proposed Rulemaking to...more

European Commission Publishes Proposal for Signing the EU-U.S. Umbrella Agreement

The EU-U.S. data protection Umbrella Agreement consists of a framework of principles and safeguards for trans-Atlantic transfers of personal data (such as criminal records, names and addresses) in relation to the prevention,...more

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