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Double-Edged Disclosure: Navigating 10-K Season with the SEC’s New Cybersecurity Disclosure Rules

Public companies are now required to comply with new cybersecurity disclosure requirements in their Annual Reports on Form 10-K for fiscal years ending on or after December 15, 2023. In preparing this cybersecurity...more

Agreement on the EU’s AI Act Sets the Stage for Comprehensive Regulations

On December 8, 2023, representatives of the European Council and the European Parliament reached a provisional agreement on the EU’s Artificial Intelligence Act (“AI Act”). Although the final text of the AI Act remains...more

Cyber(in)security: New York Levies Fine for Failure to Implement Written Policies

On November 27, 2023, the New York State Department of Financial Services (“DFS”) and First American Title Insurance Company (“First American”) entered into a consent order1 that resolved litigation over First American’s...more

White House Issues First-of-its-Kind Executive Order on AI

On October 30, 2023, President Biden issued an Executive Order (“Order”) that drastically increased the U.S. government’s engagement with artificial intelligence (“AI”). The sweeping Order touches on everything from bias in...more

Breaking New Ground: Understanding California’s Draft AI, Privacy, and Cybersecurity Regulations

In advance of its September 8, 2023 board meeting, the California Privacy Protection Agency (“CPPA”), the state’s privacy regulatory body, has unveiled draft regulations that could significantly impact cybersecurity...more

Resilience Reimagined: TSA Amends Critical Pipeline Security Directive

The Department of Homeland Security’s Transportation Security Administration (“TSA”) has issued an amended directive on pipeline security, SD-Pipeline-2021-02D (the “Directive”). The Directive is based on and supersedes the...more

Data Transfer Déjà Vu: European Commission Approves Another EU-U.S. Data Transfer Mechanism

On July 10, 2023, the European Commission (the “Commission”) adopted an adequacy decision for the EU-U.S. Data Privacy Framework (the “Framework”). The Framework provides companies that opt in with a legitimate means of...more

The Pipeline to Cyber Resilience: Biden’s Blueprint for Secure Digital Infrastructure

After a rash of significant cybersecurity breaches and ransomware attacks affecting a wide set of industries, ranging from pipelines to technology companies, the Biden administration released its much-anticipated National...more

Here Comes the Fashion (Cybersecurity) Police: New York Attorney General Imposes Penalty for Mishandling of Consumer Data Breach

On October 12, 2022, New York Attorney General Letitia James fined Zoetop Business Company, Ltd. (“Zoetop”), the owner of fast-fashion brands SHEIN and ROMWE, $1.9 million for mishandling a 2018 data breach and lying to the...more

More Regulations Coming Down the Tracks: TSA Issues New Security Directive for Enhanced Railroad Cybersecurity

On October 18, 2022, the Transportation Security Administration (“TSA”) issued its Security Directive 1580/82-2022-01 on Rail Cybersecurity Mitigation Actions and Testing (the “Railroad Directive”), regulating designated...more

The SEC Wants You to Take Out the Trash – Securely

In a recent Securities and Exchange Commission (“SEC”) enforcement action, the SEC concluded that a registered broker-dealer and investment adviser (the “Firm”) violated Rule 30 of Regulation S-P by failing to adopt...more

Guidance 3.0: TSA Issues a Third Directive on Pipeline Security

It has been over a year since the Colonial Pipeline cybersecurity incident, and the Department of Homeland Security’s Transportation Security Administration (“TSA”) continues to issue cybersecurity directives to owners and...more

Beyond Materiality: Comparing The SEC’s Proposed Data Breach Notification Rules with Evolving State Notification Laws

On March 9, 2022, the Securities and Exchange Commission (“SEC”) announced Proposed Rules on cybersecurity risk management, strategy, governance, and incident disclosure (“Proposed Rules”) to address concerns of increasing...more

What Makes a Cybersecurity Risk or Incident Material? A Look at the SEC’s Proposed Rules on Cybersecurity

On March 9, 2022, the Securities and Exchange Commission (“SEC”) announced Proposed Rules on cybersecurity risk management, strategy, governance, and incident disclosure (“Proposed Rules”) to address concerns of increasing...more

DHS Pipes Up: Issues Directive On Enhancing Pipeline Cybersecurity

On May 27, 2021, against the backdrop of the Colonial Pipeline cybersecurity incident, the Department of Homeland Security’s Transportation Security Administration (“TSA”) announced Security Directive Pipeline-2021-01...more

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