In February 2024, the Department of Justice (“DOJ”) announced the results of its 2023 False Claims Act (“FCA”) enforcement efforts. Through those efforts, it obtained more than $2.6 billion in overall recoveries, and of that...more
4/8/2024
/ Anti-Kickback Statute ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Healthcare ,
Healthcare Fraud ,
Life Sciences ,
Medicare Advantage ,
OIG ,
Stark Law
The Department of Health and Human Services ("HHS") has released voluntary cybersecurity performance goals for the health care and public health sectors, which outline an increasingly standardized regulatory approach and...more
2/19/2024
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Healthcare ,
Popular ,
Proposed Regulation ,
Public Health
The U.S. Department of Health and Human Services ("HHS") Office of Civil Rights ("OCR") has entered into its first settlement of potential Health Insurance Portability and Accountability Act ("HIPAA") violations arising out...more
12/6/2023
/ Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Violations ,
Hospitals ,
Life Sciences ,
OCR ,
Ransomware
In light of the DOJ’s most recent guidance on the use of personal devices and third-party messaging applications by corporate personnel, this White Paper addresses issues and challenges that companies are facing in this area...more
10/18/2023
/ CFTC ,
Compliance ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Electronic Communications ,
Financial Industry Regulatory Authority (FINRA) ,
Guidance Update ,
Instant Messaging Apps ,
Mobile Devices ,
Policies and Procedures ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes ,
Workplace Communication
On March 28, 2023, Iowa—following California, Colorado, Connecticut, Utah, and Virginia—became the sixth state to adopt a comprehensive consumer data privacy law.
On March 28, 2023, Iowa Governor Kim Reynolds signed "An...more
In Short -
The Situation: The California Privacy Protection Agency ("CPPA" or "Agency") has modified its proposed regulations implementing many key California Privacy Rights Act ("CPRA") requirements....more
On August 24, 2022, California Attorney General Rob Bonta announced his office's first privacy enforcement action and settlement against a publicly disclosed entity, Sephora, Inc., for violations of the CCPA, including the...more
On March 24, 2022, Utah followed California, Virginia, and Colorado in adopting a comprehensive consumer data privacy law.
On March 24, 2022, Utah Governor Spencer Cox signed the Consumer Privacy Act ("Act"), making Utah...more
4/7/2022
/ Cybersecurity ,
Data Breach ,
Data Controller ,
Data Processors ,
Data Protection ,
Data Security ,
New Legislation ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Reform ,
State Data Privacy Laws
On March 15, 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the "Act"), creating new requirements for organizations operating in critical infrastructure sectors to...more
3/18/2022
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Data Protection ,
Data Security ,
New Legislation ,
Popular ,
Regulatory Reform ,
Reporting Requirements
Cybersecurity threats remain a constant concern for every business and organization, regardless of size, location, or industry. The stakes relating to possible litigation, financial repercussions, and reputational risk, are...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
President Biden Issues Cybersecurity Executive Order -
On May 12, 2021, President Biden issued an executive order that placed new standards on the...more
8/10/2021
/ Article III ,
Biden Administration ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Executive Orders ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Technology ,
Mobile Apps ,
Personal Data ,
Popular ,
Ransomware ,
SCOTUS ,
Standing ,
TransUnion LLC v Ramirez
Introduction Colorado has joined California and Virginia as the third state with a comprehensive data privacy law. On July 7, 2021, Colorado Governor Polis signed the Act into law, following the Colorado Senate's passage of...more
7/8/2021
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Controller ,
Data Management ,
Data Privacy ,
Data Processors ,
Data Protection ,
Information Governance ,
New Legislation ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Standards ,
State and Local Government
The Situation: On May 12, 2021, President Biden issued an "Executive Order on Improving the Nation's Cybersecurity," which calls for "bold" and extensive action designed to update and standardize requirements and procedures...more
The evolution of autonomous vehicle technology and its forthcoming widespread use have the potential for many societal benefits, including safer roads, greater economic productivity, and better fuel economy. Along with the...more
The General Services Administration ("GSA") is including language regarding cybersecurity requirements in requests for proposals relating to certain IT governmentwide acquisition contracts ("GWACs"). Certain requirements will...more
The Situation: As we advised in our recent Commentary, federal banking regulators have proposed rules requiring a banking organization to provide its primary federal regulator with prompt notification of any...more
United States -
Regulatory—Policy, Best Practices, and Standard -
NIST Unveils Draft Guidance to Protect Critical Infrastructure -
On October 22, 2020, the National Institute of Standards and Technology ("NIST")...more
1/8/2021
/ CNIL ,
Consumer Privacy Rights ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
NIST ,
Personal Data ,
Popular ,
Risk Management
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
NIST Releases Revision to Security Standard -
On September 23, the National Institute of Standards and Technology ("NIST") released Revision 5 to...more
The Situation: Less than one year after the California Consumer Privacy Act ("CCPA") became effective, California voters approved the California Privacy Rights Act ("CPRA"), a consumer privacy ballot initiative that amends...more
11/6/2020
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Popular
On October 12, 2020, the California Attorney General released a third set of proposed modifications to the California Consumer Privacy Act ("CCPA") regulations.
On October 12, 2020, the California Attorney General issued...more
The Attorney General requested expedited review by the Office of Administrative Law and asked that the regulations become effective upon filing with the Secretary of State.
On June 1, 2020, the Office of the California...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
Cybersecurity Standards Issued for Government Contractors -
On January 31, the Office of the Under Secretary of Defense for Acquisition and...more
4/1/2020
/ 5G Network ,
Artificial Intelligence ,
Canada ,
China ,
CNIL ,
Computer Fraud and Abuse Act (CFAA) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
Department of Defense (DOD) ,
EU ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FERC ,
GAO ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Commissioner's Office (ICO) ,
Japan ,
Latin America ,
National Security ,
NIST ,
OCIE ,
OCR ,
Online Safety for Children ,
People's Bank of China ,
Public Health Emergency ,
Securities and Exchange Commission (SEC) ,
Social Media ,
State Attorneys General ,
Telehealth ,
Trump Administration ,
Unmanned Aircraft Systems
The Situation: Four months after releasing the initial draft proposed regulations to the California Consumer Privacy Act ("CCPA") of 2018, the California Attorney General ("Attorney General") issued modifications to these...more
2/21/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Protection ,
Notice Requirements ,
Opt-Outs ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
Right To Know ,
State Attorneys General
The California Consumer Privacy Act has put businesses at substantial risk of data breach litigation and litigation from technical noncompliance.
On January 1, 2020, the California Consumer Privacy Act ("CCPA") went into...more
The Situation: On January 1, 2020, the California Consumer Privacy Act of 2018 ("CCPA") goes into effect, with enforcement by the California attorney general ("attorney general") to begin six months after the final...more
10/25/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Employee Privacy Rights ,
New Amendments ,
Privacy Laws ,
Proposed Regulation ,
Public Comment ,
Public Hearing