Information Sharing

News & Analysis as of

Government Investigations: Use of the Financial Crimes Enforcement Network and Virtual Currency

Since 2009, the US Department of Justice has implemented an aggressive anti-tax evasion strategy that has changed by targeting tax havens that host financial intermediaries (i.e., banks) to the financial intermediaries...more

House Homeland Security Committee Holds Hearing On 2015 Cybersecurity Act

On June 15, 2016, the House Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a hearing to examine industry perspectives on the implementation of the Cybersecurity Act...more

DHS Issues New Rules Governing Sharing of Cyberthreat Data

Last week, the Department of Homeland Security (“DHS”) released its Final Rules for private-sector information-sharing under the Cybersecurity Information Sharing Act of 2015 (“CISA”). CISA permits private companies to share...more

DHS and DOJ Release Updated Guidance for Sharing Cyber Threat Indicators and Defensive Measures

On June 15, in response to feedback from non-federal entities on guidance released in February, the Departments of Homeland Security (DHS) and Justice (DOJ) issued updated guidance for companies about sharing cyber threat...more

FERC to Strengthen Protections for Infrastructure Information

Implementing new statutory authority, FERC proposes revised regulations to secure and share Critical Electric Infrastructure Information and penalize its unauthorized disclosure....more

Updated Guidance on the Cybersecurity Information Sharing Act of 2015

Action Item: On June 15, 2016, the U.S. Department of Homeland Security (“DHS”) and the U.S. Department of Justice (“DOJ”) jointly issued a notice announcing the availability of the Cybersecurity Information Sharing Act of...more

“Interim” No More: DHS and DOJ Publish Final CISA Guidance on Cybersecurity Sharing

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have issued the long-awaited final procedures for both Federal and Non-Federal Entities under the Cybersecurity Information Sharing Act (CISA)...more

FERC proposes FAST Act CEII rules

The Federal Energy Regulatory Commission has proposed amending its regulations designed to protect critical information about utility infrastructure. If adopted, the new regulations would govern the treatment of Critical...more

FDA Clarifies Policy for Sharing Patient-Specific Data from Devices

Device manufacturers may share patient-specific information from a device with the patient without violating federal privacy requirements....more

U.S. House Committee On Homeland Security Holds Hearing On States’ Preparation For Cyber Threats

On Tuesday, May 24, 2016, the U.S. House Committee on Homeland Security (the “Committee”) held a hearing titled “Enhancing Preparedness and Response Capabilities to Address Cyber Threats.” The hearing was convened jointly by...more

SWIFT CEO announces customer security programme

Following a series of thefts from international banks utilizing the Society for World Interbank Financial Telecommunication (SWIFT) communication system, the Chief Executive Officer of SWIFT announced a sweeping five part...more

Share What You Know: Liability Protection for Private Entities that Share Cybersecurity Information Pursuant to Federal Guidelines

On February 16, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) jointly issued preliminary guidance — with final guidance due later this month — on how the private sector and government will...more

Preparing for Increased Cybersecurity Information Sharing

Cybersecurity remains a top focus of government regulators, and the prevailing trend is to encourage information sharing between the government and private entities to combat cybersecurity threats. In line with this theme, on...more

A New Cybersecurity Regime and a New Regulation to Mandate Secure Information Systems for Government Contractors

Congress has enacted a recent wave of legislation to address ongoing cybersecurity threats; the Executive Branch, on May 12, 2016, adopted new cybersecurity regulations; and other Federal initiatives are underway and will...more

What Companies Need to Know About Cyber Threat Information Sharing Under CISA

Cyber threat information sharing has the potential to provide numerous benefits for organizations (both public and private) faced with cyberattacks, which are increasing in frequency and sophistication. Cyber threat...more

Information shared by World Bank Group with RCMP protected from disclosure

Corruption crosses borders and anti-corruption efforts require cooperation - On April 29, 2016, the Supreme Court of Canada released its much anticipated decision in World Bank Group v. Wallace. The decision highlights...more

Surviving Settlement Provisions in Joint Defense Agreements

Anyone who watches Survivor or Game of Thrones knows that alliances are critical. And while they may be necessary to endure from one day to the next, alliances are inevitably broken. Co-defendants in antitrust cases...more

Supreme Court Sustains Protections for World Bank Information Sharing

On April 29, 2016, the Supreme Court of Canada ruled unanimously in World Bank Group v. Wallace that documents from World Bank Group investigations remain immune from document production requests that are part of domestic...more

CISA Guidance Clarifies How to Share Cyber Threat Information… but Issues Remain

The Cybersecurity Information Sharing Act of 2015 ("CISA"), enacted on December 18, 2015, as part of the omnibus Consolidated Appropriations Act[1], 2016, creates a voluntary process that encourages public and private sector...more

MTC Arm’s-Length Adjustment Service (Part II): “An Expression of Grief, Pity, or Concern”

Executive Summary - ..Multistate Tax Commission (MTC) transfer pricing program moving forward in some fashion; ..Priority includes information sharing among participating states (and possibly their third party...more

Disclosure of Substance Use Disorder Records Enters the 21st Century: SAMHSA Proposes Changes to Part 2, But Do They Go Far...

Background - As many health care practitioners, health information management professionals, and health lawyers know, balancing patients’ privacy interests with the need to access accurate, up-to-date medical information can...more

To Share or Not to Share (with the Government)? That is the Question: DHS Announces Interim Guidelines for Sharing Cyber Threat...

On February 16, 2016, Secretary of Homeland Security Jeh Johnson announced interim guidelines and procedures for sharing cyber threat indicators under the Cybersecurity Information Sharing Act of 2015 (“CISA”). Because the...more

Privacy Implications of CISA for Financial Institutions

Financial institutions are attractive targets for cyber attacks due to their collection of private customer and economic information. In order to help the private sector respond more effectively to cyber attacks, President...more

HHS Announces Health Care Industry Cybersecurity Task Force

On March 16, 2016, via an online blog announcement, Department of Health & Human Services (“HHS”) Acting Deputy Secretary Mary Wakefield announced the formation of a Health Care Industry Cybersecurity Task Force (“Task...more

CISA Guidelines (Part 3): Guidance to Assist Non-Federal Entities

As we wrote previously, the federal government released several guidance documents last month implementing The Cybersecurity Information Sharing Act (CISA). Among these was the Guidance to Assist Non-Federal Entities to...more

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