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Alert: Executive Order on Preventing Access to Americans’ Bulk Sensitive Data and Government-Related Data

Late today the White House issued its Executive Order significantly enhancing the protection of Americans' bulk sensitive personal data from access by countries deemed as threats. It establishes a comprehensive framework to...more

Countdown to 2023: Privacy Compliance Checklist for The End of The Year

In January of 2022, we recommended adding “updating privacy contracts” to your list of New Year’s resolutions. With 2023 around the corner and a number of new privacy laws and regulations going into effect, we have another...more

Summer 2022 – What Privacy Professionals Need to Know and Do Now – Part II

In our second installment of what privacy professionals should know before they start the summer, we provide you with highlights from the draft regulations from the California Privacy Protection Agency (“CPPA”) and...more

Why You Will Pay the Ransom (Hint: It’s Not the Ransomware) and How to Avoid Paying

Everybody is talking at you about ransomware, but you do not need to hear most of what they are saying, because they are talking about something they have not seen hundreds of times, so they have not been following the rapid...more

CCPA Enforcement is Picking Up. Are you Ready?

Although the California Consumer Privacy Act (“CCPA”) has been in effect since January 1, 2020 and subject to enforcement since July 1, 2020, it seemed until recently that compliance had been somewhat spotty. Well, it’s time...more

Fiduciary Duty IS Coming to Privacy – Through Your Benefit Plans!

While all businesses have been grappling with cybersecurity challenges for years, cybersecurity has recently come into focus for retirement plans, health and welfare plans and other ERISA plans due to a new Department of...more

CCPA 2.0: California Privacy Laws Continue to Take Center Stage

On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act (“CPRA”). The provision’s timeline is important to consider. The law would become effective on January 1, 2023 with enforcement...more

Delay Denied: Brazil Senate Sets Immediate Effective Date for the LGPD

Efforts to Delay the LGPD Fail - As noted by our firm earlier this spring, Brazilian authorities have considered delaying the General Personal Data Protection Law’s (“Lei Geral de Proteção de Dados” or “LGPD”) effective...more

Recent Court Decision Carries Lessons for Retaining and Using Cybersecurity Consultants to Investigate a Breach

A recent federal district court decision underscores the importance of structuring breach investigations with the attorney work-product doctrine in mind. In In re Capital One Consumer Data Sec. Breach Litig., 2020 WL 3470261...more

India Tries to Capture the Value of Consumer Data for E Commerce and the Internet of Things

After almost four years of the largest and most ambitious effort in history to transform a nation with technology, India is looking ahead to protecting the data that it is generating. ...more

Cyber Winter is Here, and Coming to Regulation: New York Cybersecurity Rule Ice Dragon Heading for the Wall

The State of New York’s response to two large cybersecurity breaches may fuel the transformation of the state regulation of corporate cybersecurity in the U.S. Unlike typical state data breach statutes which focus on...more

Cyber Winter is Here, and Coming to Regulation: The New York Rules and the Future of Cybersecurity Regulation

The State of New York’s response to two large cybersecurity breaches may fuel the transformation of the state regulation of corporate cybersecurity in the U.S. Unlike typical state data breach statutes which focus on...more

Unintended Plaintiffs: United States District Court Allows Private Citizens to Sue a Government Contractor For Failing to...

In a remarkable opinion with potentially wide-ranging implications, the United States District Court for the District of Columbia recently allowed a member of the public to sue a federal government contractor directly for...more

Beyond Breach: Challenges in Cybersecurity & Coverage

Some of the biggest threats to cybersecurity involve controlling, damaging and interrupting systems, denying access to critical data and destroying data; “breach” not so much. Organizations need to make sure that their...more

Privacy Shield or Model Clauses: Which is Better for You?

Yesterday the European Commission released a draft “adequacy decision” on the protection provided by the EU-U.S. Privacy Shield together with the texts that will constitute the EU-U.S. Privacy Shield framework. Once adopted...more

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