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Key Themes From the 2025 IAPP Global Privacy Summit

On April 23 and 24, 2025, regulators, industry leaders and data privacy leaders from across the globe convened in Washington, D.C. for the 2025 International Association of Privacy Professionals (IAPP) Global Privacy Summit....more

FTC Finalizes Long-Awaited Child Online Privacy Rule Amendments

On January 16, 2025, the Federal Trade Commission (FTC) finalized amendments to the Children’s Online Privacy Protection Act (COPPA) Rule (Final Rule) relating to the collection, use and disclosure of personal information...more

Rising Investment in AI Requires Financial Sponsors To Address Unique Risks

Key Points - - Accelerated M&A activity by financial sponsors is expected in the near term due to improved market conditions and deregulation under the Trump administration. - With the rapid development of new AI use...more

ICO Publishes Outcomes of GenAI Consultation

On 13 December 2024, the UK Information Commissioner’s Office (ICO) published the report of outcomes from its consultation on generative AI (genAI). The report sets out key themes that emerged from responses to the ICO’s...more

The Informed Board - November 2024

At what point has a director served too long? What about term limits? A mandatory retirement age? When do a director’s skills become stale? These issues are addressed in this issue of The Informed Board, as well as why proxy...more

What Companies Can Do To Protect Against Cyberattacks … and the Litigation That Often Follows

Cyber threats continue to grow as a result of increased digitization, widespread use of cloud computing, advanced connectivity and artificial intelligence (AI), requiring boards of directors across all sectors to focus more...more

Navigating the New Cybersecurity Landscape: Key Implications of the EU’s NIS 2 Directive

The deadline for EU countries to transpose the expanded cybersecurity directive, NIS 2, into national law is 17 October 2024, but the implementation status varies significantly from country to country. Some of the member...more

Developing and Using AI Require Close Monitoring of Risks and Regulations

As AI systems become more complex, companies are increasingly exposed to reputational, financial and legal risks from developing and deploying AI systems that do not function as intended or that yield problematic outcomes....more

DOJ Enters First Intervention in Cybersecurity Qui Tam

The U.S. government’s recent complaint in a relator-filed case under the False Claims Act (FCA): - Marks the first FCA suit in which the Department of Justice (DOJ) has intervened since launching its ongoing Civil...more

AI Safety: The Role of the Board in Assessing and Managing AI Risk

As AI systems become more complex, companies are increasingly exposed to reputational, financial and legal risk from developing and deploying AI systems that do not function as intended or that yield problematic outcomes. The...more

The EU’s Digital Operational Resilience Act (DORA) – 2024 Update

As implementation of the EU’s Digital Operational Resilience Act (DORA) approaches, financial market participants and their technology service providers (both in and out of Europe) face a critical compliance deadline. The new...more

ECB Mandates Board Expertise in Addressing ICT and Security Risks

Earlier this year, a dedicated policy prepared by the European Central Bank (ECB) came into effect requiring bank management bodies to broaden their collective understanding of and proficiency in identifying and dealing with...more

Contractors Settle Cyber Fraud Claims Alleging Ignored Security Measures

Two recent settlements under the False Claims Act (FCA): - Signal enhanced risk around cybersecurity for recipients of federal funds. - Underscore the need to assess compliance with cybersecurity requirements and...more

The London Space Law Symposium

On 9 May 2024, Skadden held the inaugural London Space Law Symposium, where six panels of Skadden representatives and industry experts discussed legal aspects of the new space economy. The event was held in the Naim Dangoor...more

The EU AI Act: What Businesses Need To Know

The newly approved Artificial Intelligence Act (AI Act or the Act) aims to create a secure and trustworthy environment for the development and use of AI in the European Union....more

The UK ICO Publishes Its Strategy on AI Governance

Rather than specifically regulating artificial intelligence (AI), the UK government has opted to rely on the existing web of laws and regulations applying to technology across a spectrum of sectors in its jurisdiction. But...more

EU Adopts First of a Series of Voluntary Cybersecurity Certification Schemes

On January 31, 2024, the European Commission (EC) adopted the first of a series of initiatives to harmonize cybersecurity certification across the EU: the European Cybersecurity Scheme on Common Criteria (EUCC). While EUCC...more

A Fracturing Data Environment: Executive Order Portends Major Changes to US Data Management

On February 28, 2024, President Biden issued Executive Order 14117 (the EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” that would...more

Latest Text of EU AI Act Proposes Expanding Obligations for High-Risk and General AI Systems and Banning a Third Category

On 21 January 2024, a near complete draft version of the proposed text for the EU AI Act was unofficially shared with the public by a European media publication, after which a senior advisor in the European Parliament shared...more

2024 Insights: Other Regulatory Developments

AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more

FBI, DOJ and SEC Publish Guidance on Requesting Delayed Reporting of Material Cyber Incidents on Form 8-K: Takeaways for CISOs and...

The U.S. Securities and Exchange Commission (SEC) adopted final rules in 2023 that are intended to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance and incident reporting by...more

China Intends To Ease Controls Over Cross-Border Data Transfers

On September 28, 2023, the Cyberspace Administration of China (CAC) published the draft Provisions on Regulating and Promoting Cross-Border Data Transfers (Draft Provisions). If adopted into law in their current form, the...more

What Does the SEC’s Complaint Against SolarWinds Mean for CISOs and Boards?

On October 30, 2023, the SEC filed a litigated complaint against SolarWinds, a software development company, and Timothy Brown, its chief information security officer (CISO). The SEC alleges that from October 2018, when...more

AI Insights: Biden Administration Passes Sweeping Executive Order on Artificial Intelligence

On October 30, the U.S. government released its long-awaited, sweeping executive order (the AI EO or Order) on artificial intelligence (AI). The Order directs various U.S. government departments and agencies to evaluate AI...more

Private Equity CISO Fireside Chat – Cybersecurity Leadership in the Age of Generative AI

Partner and co-head of Skadden’s Cybersecurity and Data Privacy practice David Simon recently sat down with two chief information security officers (CISOs) from the private equity sector as part of the firm’s National Cyber...more

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