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Southern District of New York Dismisses Most Claims in SEC Cybersecurity-Related Enforcement Action Against SolarWinds

On July 18, 2024, U.S. District Judge Paul A. Engelmayer of the Southern District of New York dismissed most of the charges that the Securities and Exchange Commission brought against SolarWinds and its chief information...more

Corporate Governance: 2024 Midyear Review

In this midyear update, we cover a number of significant corporate governance developments that have taken place over the first half of the year and since our Corporate Governance 2023 Year-End Review....more

SEC Division of Corporation Finance Clarifies Form 8-K Disclosures of Material Cybersecurity Incidents

On May 21, 2024, the director of the SEC’s Division of Corporation Finance, Erik Gerding, issued a statement regarding the new requirement to disclose material cybersecurity incidents on Form 8-K. The SEC’s latest...more

SEC Adopts Significant Cybersecurity Amendments to Regulation S-P

On May 16, 2024, the Securities and Exchange Commission (SEC) adopted final amendments to Regulation S-P, one year after issuing the proposed amendments (discussed here). Regulation S-P is a set of privacy rules that govern...more

States Take Varying Approaches to AI Regulation

Since the rise of ChatGPT in late 2022, state lawmakers have tried various strategies to regulate artificial intelligence (AI), with mixed outcomes. At least 25 states, Puerto Rico and the District of Columbia introduced AI...more

Federal Privacy Bill Aims To Consolidate US Privacy Law Patchwork

On April 7, 2024, Sen. Maria Cantwell, chair of the Senate Commerce Committee, and Rep. Cathy McMorris Rodgers, chair of the House Energy and Commerce Committee, advanced a new federal privacy bill to the House floor titled...more

SEC Takes Action Against ‘AI Washing,’ Fines Two Investment Advisers for Misrepresenting Artificial Intelligence Use

On March 18, the Securities and Exchange Commission (SEC) announced that it settled charges against two investment advisers, Delphia (USA) Inc. and Global Predictions Inc., for making false and misleading statements about...more

Key Considerations Regarding the Recently Passed EU Artificial Intelligence Act

On Wednesday, March 13, the European Parliament approved the regulation harmonizing rules on artificial intelligence (AI) (the AI Act). Stakeholders must comply with the AI Act due to its global reach, when it takes effect...more

DoorDash Settles California Consumer Privacy Act Enforcement Action

On Feb. 21, 2024, California’s Attorney General (AG) announced the second public settlement of an enforcement action under the California Consumer Privacy Act (CCPA). This settlement requires DoorDash to pay a $375,000 civil...more

Privacy and Data Security Law 2023 Year in Review

The year 2023 saw continued expansion of public interest in privacy rights, data security and related legislation. Comprehensive privacy laws took effect in five states, while 12 more states enacted similar laws that will...more

AI Regulatory Update

Keeping abreast of the latest artificial intelligence (AI) developments in this rapidly changing area of law is critical. This newsletter highlights recent updates in AI regulation, covering major AI developments in the...more

AI Policies

Since the release of ChatGPT in late 2022, popular use of artificial intelligence (AI) has exploded. One survey reported that over 56% of employees already use AI at work, with 1 in 10 using it daily. However, only 26% of...more

NY Department of Financial Services Finalizes Significant Amendments to Its Cybersecurity Regulations

The New York State Department of Financial Services (NYDFS) adopted comprehensive amendments to its cybersecurity regulations (known as Part 500) on Nov. 1. The draft amendments were first published in July 2022 and finalized...more

California Passes the Delete Act, Establishing a Single Location for Consumers to Delete Their Personal Information From Data...

Gov. Gavin Newsom signed the Delete Act (the Act) on Oct. 11, making it easier for California consumers to instruct data brokers to delete their personal information or refrain from selling or sharing it. Consumers already...more

President Biden Signs Executive Order on “Safe, Secure, and Trustworthy” AI

President Biden signed an Executive Order on Oct. 30 for AI. The order establishes safety and security standards for AI, seeks to protect privacy and civil rights, and calls on multiple federal agencies to complete an...more

California Governor Sets Path Toward State Use and Regulation of AI

California Gov. Gavin Newsom signed an Executive Order (Order) on Sept. 6 aimed at preparing the state for the use and regulation of generative artificial intelligence (AI). Calling California the world leader in AI...more

SEC Finalizes New Cybersecurity Disclosure Rules

By a 3-2 vote on July 26, the U.S. Securities and Exchange Commission (SEC) adopted final rules enhancing disclosure requirements regarding public companies’ cybersecurity risk management, strategy, governance and incident...more

US and EU Finalize New Data Privacy Framework

On July 10, the European Union and the United States finalized the EU-U.S. Data Privacy Framework (DPF), an agreement that allows for the transfer of personal data from residents of the EU to certified companies in the U.S....more

Corporate Governance: 2023 Midyear Review

The public and private focus on corporate governance continued apace in the first half of 2023. In recent months, there were notable developments in jurisprudence potentially impacting corporate diversity initiatives and in...more

Compliance With Forthcoming Biometric Laws in New York City

Two bills are scheduled to be introduced at the New York City (NYC) council meeting on April 27th that would amend NYC’s administrative code to more heavily regulate the collection and storage of biometric data by businesses...more

Comparing the Six Comprehensive State Privacy Laws

Recently, Iowa became the sixth state to enact a comprehensive privacy law to protect personal data, joining California, Virginia, Colorado, Utah and Connecticut. Although privacy laws have existed in the U.S. for decades,...more

SEC Proposes Data Breach Notification and Incident Response Requirements

On March 15, 2023, the Securities and Exchange Commission (SEC) proposed three rule changes that demonstrate its continued focus on cybersecurity. One of these proposals, and the only one to be unanimously approved (the...more

SEC Issues $3 Million Penalty Against Blackbaud for Misleading Cybersecurity Incident Disclosures

On March 9, software company Blackbaud agreed to pay $3 million to the SEC as a result of alleged misleading disclosures arising out of a 2020 data breach that involved customer bank account information and Social Security...more

Cybersecurity in the Boardroom: ‘Caremark’ Liability for Boards’ Failure to Oversee Cybersecurity

In an era of increasing cyberattacks by varying threat actors, the board's oversight of cybersecurity risks remains a key responsibility. In two recent cases, the Delaware Court of Chancery (Chancery Court) dismissed Caremark...more

Cybersecurity, Privacy and Data Protection 2022 Year in Review

The year 2022 saw a groundswell of interest in privacy rights and related legislation. Five states enacted new laws or regulations aimed at protecting a general right to privacy, while the U.S. government came closer than...more

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