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Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

Recent CCPA Decision Portends Potential Expansion of Class Action Liability Exposure For Cookies, Pixels, and Tracking...

Wild, wild, west?  Web tracking may be the new frontier in class action litigation. With thousands of lawsuits filed in California and increasingly in other states against organizations, including many who may not realize the...more

Location Data Practices Targeted by California Lawmakers and Regulators

In late February, California lawmakers introduced new legislation that would impose sweeping restrictions on the use of location and tracking data. Known as the California Location Data Act (CLDA), this legislation goes a...more

The Colorado AI Act Shuffle: One Step Forward, Two Steps Back

Colorado waded into the deep end of AI regulation last year with the Colorado AI Act (Senate Bill 24-205), a sweeping law designed to rein in the risks of artificial intelligence (AI) and automated decision systems (ADS)....more

CFPB Proposes Rule to Regulate Data Brokers Selling Sensitive Information

In today's digital landscape, data brokers are like modern-day gold miners, sifting through the intimate details of our lives – our addresses, financial records, Social Security numbers – and quietly turning that information...more

California's New Generative AI Law – What Your Organization Needs to Know

California is making waves with its new AI law, Assembly Bill 2013 (AB 2013), set to take effect in 2026. This groundbreaking legislation (again) puts the state at the forefront of tech regulation by tackling one of AI's...more

Ten Best Practices to Protect Your Organization Against Cyber Threats

The conclusion of Cybersecurity Awareness Month is a reminder of the importance for organizations to implement robust security measures and promote good cyber hygiene. As we noted in our State of the Cyber Landscape webinar,...more

Second Circuit Ruling Expands VPPA Scope: What Organizations Need to Know

The U.S. Court of Appeals for the Second Circuit reinstated a proposed class action by Michael Salazar against a professional sports organization on October 15, 2024, alleging violations of the Video Privacy Protection Act...more

Data Breaches: The Not-So-Hidden Cost of Doing Business

In this era of big data, smart devices, and constant connectivity, the clock's already ticking on your next data breach – it's just a matter of time. For companies of all sizes and across every industry, the stakes have never...more

Top Privacy and Cybersecurity Issues to Track In 2024

In recognition of International Privacy Day on January 28, we wanted to share some insights on the top privacy and cybersecurity issues for the new year. Data privacy and cybersecurity will continue to be one of the most...more

Faking It: Protecting Your Financial Institution Against Deepfakes

Fraudulent activity in the financial industry is nothing new. The techniques employed by fraudsters have ranged from fake check fraud and credit card fraud to identity theft and financial account takeovers. For years,...more

ChatGPT in the Crosshairs: How the EU's AI Act May Affect Your Use of Generative AI

The era of generative AI is here. The surge in popularity of ChatGPT has created a massive disruption as companies balance the benefit of accelerated productivity against the potential risks. The tension between innovation...more

SEC Issues Multiple Cybersecurity Rule Proposals

The Securities and Exchange Commission (SEC) continued its focus on cybersecurity regulations this month by announcing three new proposed rules and re-opening the comment period on an additional proposed rule from last year....more

VPPA Claims Are on the Rise – Latest Trend in Consumer Privacy Class Action Litigation

It's no secret that plaintiffs' firms have been developing legal theories relating to third-party software technologies used on websites. This includes a recent spike in lawsuits alleging that websites running the Meta...more

NCUA Approves New Cyber Incident Reporting Requirements: What Credit Unions Need to Know

The National Credit Union Administration (NCUA) has approved new cyber incident reporting requirements for credit unions. Under the final rule, federally insured credit unions will be required to notify the NCUA of a...more

Financial Industry Regulators Continue Crackdown on Cybersecurity

On multiple fronts, the U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) continue to increase their focus on cybersecurity. This is understandable as headlines of recent...more

FFIEC Updates Its Guidance on Authentication and Access Controls: Key Takeaways Financial Institutions Should Implement Now

On August 11, 2021, the Federal Financial Institutions Examination Council (FFIEC), the multi-agency authority responsible for issuing uniform principles and standards for supervision of financial institutions, published new...more

Another State Privacy Law Hits the Books: What You Need to Know About the Colorado Privacy Act

Earlier this month, Colorado became the third state to pass comprehensive data privacy legislation. As we have previously analyzed, California originally passed the CCPA and the CPRA, then Virginia passed the VCDPA, and now...more

California Privacy Law Update: CCPA Amendments Announced and CPPA Board Members Appointed

California is continuing to make news with respect to its privacy laws. California's Attorney General recently announced the approval of new amendments to regulations of the California Consumer Privacy Act (CCPA). The new...more

NYDFS Surges Ahead with Cybersecurity Enforcement: Recent Fine Highlights Need for Financial Institutions to Focus on Incident...

The New York Department of Financial Services (NYDFS) has become a frequent topic of these alerts. In recent weeks we have covered multiple actions from the regulator, including its first enforcement action, its SolarWinds...more

Privacy Legislation Floodgates Have Opened: Virginia Passes the Consumer Data Protection Act

Virginia has become the latest state to pass comprehensive privacy legislation as its legislature voted to enact SB 1392, known as the Consumer Data Protection Act (the "Act"). Although many other states have proposed privacy...more

U.S.'s First Cyber Insurance Risk Framework Issued by New York Department of Financial Services

New York remains extremely active in the cybersecurity and data protection arena. As we have recently discussed, New York is considering a proposed privacy bill that would greatly enhance consumer privacy rights, increase...more

Proposed NY Privacy Bill Would Increase Business Obligations and Litigation/Enforcement Exposure for Businesses, Including...

While California understandably has received most of the attention given its recent passage of the California Privacy Rights Act (CPRA), several other states continue to move forward with consideration of their own privacy...more

Faster and More Comprehensive Breach Notification Requirements Proposed for Banks

The Office of the Comptroller of the Currency (OCC), the Federal Reserve Board (FRB), and the Federal Deposit Insurance Company (FDIC), have issued a notice of proposed rulemaking (Proposed Rule) that would require a banking...more

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