Information Sharing

News & Analysis as of

New Luxembourg country-by-country declaration obligations: What's important?

The law relating to country-by-country ("CbC") declaration obligations (the "Law") was published on 27 December 2016 and entered into force last week. The Law transposes EU Council Directive 2016/881 of 25 May 2016 (the...more

Orrick's Financial Industry Week in Review

FHFA Issues Final Rule on Fannie Mae and Freddie Mac Duty to Serve Underserved Markets - On December 13, 2016, the Federal Housing Finance Agency (FHFA) issued a final rule implementing the Duty to Serve provisions...more

Risks of BIM

When building information modeling (BIM) technology first gained widespread use, commentators warned of new legal risks posed by the information sharing and collaboration essential to the process. Contractors and designers...more

Password Sharing Is Not a Crime, Ninth Circuit Reassures in Denial of Nosal’s Request for Rehearing

Since the early days of this blog, we’ve been covering the ongoing legal battle involving ex-Korn Ferry recruiter David Nosal as it winds its way through the courts. The latest chapter in this saga came on December 8, 2016,...more

Feds Target HR Professionals For Criminal Violations Of Antitrust Laws

The Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced they are increasing their efforts to criminally prosecute employers and individuals who engage in certain behaviors...more

US Federal Reserve Board Secure Payments Task Force Seeks Comments from Industry Participants

The Secure Payments Task Force, a 160-member task force convened by the US Federal Reserve Board to advance the safety, security and resiliency of the national payment system, requested comments from payment system industry...more

Policing Internet Privacy: FCC’s New Frontier

Unwilling to be left behind by the likes of Google and Facebook, Internet Service Providers are increasingly exploring how they may capitalize on the high-value targeted advertising market. In November 2016, AT&T explained...more

How cybersecure are you?

Cybersecurity has soared to the very top of mind for many businesses, and DLA Piper is actively exploring the implications of this fast-moving area. The materials from three of our recent webinars looking at key aspects of...more

Follow the money - the Criminal Finances Bill

The Criminal Finances Bill sets out measures to combat money laundering and tax evasion that will also affect corporate compliance requirements, particularly in the finance and professional services sectors....more

Disclosing personal data – new protections for regulated sector firms?

New protections are being proposed in the UK to allow regulated sector firms to share information regarding suspicions relating to money laundering and terrorist financing, in circumstances where law enforcement has been...more

Looking Ahead: Top Issues Impacting the Tech Industry in 2017

As technology continues to reshape how business gets done and the way people live their lives, there are many reasons to be excited about the tech industry’s prospects heading into 2017. The more than 300 executives,...more

New Cybersecurity Reporting Requirements? FinCEN Advisory Identifies Cybersecurity Events for Financial Institutions to Report

Last week, FinCEN (Financial Crimes Enforcement Network) issued a formal Advisory to Financial Institutions and published FAQs outlining specific cybersecurity events that should be reported through Suspicious Activity...more

FinCEN Issues Advisory on the Reporting of Cyber-Events and Cyber-Enabled Crimes

The Financial Crimes Enforcement Network, or FinCEN, an arm of the United States Department of the Treasury, issued an advisory last week to remind financial institutions of their obligations to report cyber-events on...more

Fenwick Privacy Bulletin - Fall 2016

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

EU Final Draft Technical Standards on the Exchange of Information between Regulators Regarding Qualify Holdings

The European Banking Authority published final draft Implementing Technical Standards on the common procedures, forms and templates for the consultation process between the relevant national regulators when carrying out the...more

FSOC’s Annual Report Focuses On Cyber Threats And FinTech

In June 2016, the Financial Stability Oversight Council (“FSOC” or the “Council”) released its Annual Report. The Council discussed the continued “pressing concern” of cyber threats and vulnerabilities and also focused on...more

Commerce Secretary: Trust Gap Hinders Cyber Attack Reporting

In a keynote address delivered on September 27, 2016 at the U.S. Chamber of Commerce’s fifth annual Cybersecurity Summit in Washington, DC, Commerce Department Secretary Penny Pritzker conceded that “the federal government...more

US DOL and PA DOL Partner to Prevent Employee Misclassification

On August 4, 2016, the U.S. Department of Labor (“U.S. DOL”) and the Pennsylvania Department of Labor and Industry (“PA DOL”) signed a memorandum of understanding (MOU) to coordinate efforts, by sharing information and...more

Auto-ISAC Pushes To Protect Internet-Enabled Connected Cars

In July 2016, the nonprofit Automotive Information Sharing and Analysis Center (“Auto-ISAC”) released a series of auto cybersecurity best practices to collectively address cyber threats that could pose unreasonable risks to...more

Report Suggests Organizations Still Vulnerable to Credential Management and Network Segmentation Attacks

The Multi-State Information Sharing and Analysis Center (MS-ISAC) published its 2016 mid-year review on August 22, 2016, highlighting large incidents of malware infections, with particular emphasis on ransomware and click...more

NCDOL to Cooperate with Federal Agencies to Crack Down on Employee Misclassification

On Wednesday, the North Carolina Department of Labor (NCDOL) announced the completion of an agreement with the federal DOL to share information intended to identify companies misclassifying employees as independent...more

Don't be fooled - Australian anti-bribery and corruption laws exist

Australian companies and their employees shouldn't think, based on recent press reports, that Australia doesn't already have serious anti-bribery and corruption laws. Australia's anti-bribery and corruption laws apply both...more

Eighth Circuit Privacy Class Action Fails to Clear Second Hurdle

In Carlsen v. GameStop Inc., plaintiff ­– a paid subscriber to defendant’s online gaming magazine – brought a putative class action lawsuit against defendant for alleged breach of its privacy policy by disclosing plaintiff’s...more

Litigation Alert: The Eighth Circuit Expands Standing to Sue for Violations of Privacy Policies for Paid Services

Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more

Antitrust regulation of information exchange in the CIS and China

Exchange of information, whether among competitors or in vertical relationships, can involve substantial risks from the perspective of local antitrust regulation. Although it is not expressly prohibited to exchange...more

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