One of our recent posts discussed the uptick in AI risks reported in SEC filings, as analyzed by Arize AI. There, we highlighted the importance of strong governance for mitigating some of these risks, but we didn’t address...more
9/12/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Cybersecurity ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Fortune 500 ,
Governance Standards ,
Intellectual Property Protection ,
Machine Learning ,
Phishing Scams ,
Popular ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC)
On April 17, 2024, Nebraska’s governor signed Legislative Bill 1074, which establishes a consumer data privacy law for the state. Nebraska’s law takes effect January 1, 2025. To Whom does the law apply? The law applies to...more
To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024.
1. AI regulations to protect data privacy.
Automated decision-making tools, smart cameras, wearables,...more
1/29/2024
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
Biometric Information Privacy Act ,
Class Action ,
COPPA ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Popular ,
Risk Assessment ,
Risk Management ,
State Privacy Laws ,
Web Tracking
Phishing has long been a favorite tactic for threat actors (hackers) to commence a cyberattack. The rapid expansion of more adaptable and available artificial intelligence (AI) technologies, such as natural language...more
1/5/2024
/ Artificial Intelligence ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Email ,
Employee Training ,
FBI ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Multi-Factor Authentication ,
OCR ,
Phishing Scams ,
Popular ,
Risk Management
According to a New York Times story this weekend, the Security Exchange Commission’s lawsuit against SolarWinds is driving discussions in boardrooms and corporate security departments of large organizations about the handling...more
11/20/2023
/ Board of Directors ,
Boilerplate Language ,
Chief Information Security Officer (CISO) ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Hackers ,
Incident Response Plans ,
Popular ,
Ransomware ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
SolarWinds
Many HIPAA covered entities and business associates struggle with developing and implementing a sanctions policy. What should it say, is zero-tolerance required, do we have to impose discipline in every case, etc. These are...more
10/25/2023
/ Cybersecurity ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
OCR ,
Popular ,
Privacy Rule ,
Sanctions ,
Security Rule ,
Training ,
Web Tracking ,
Zero Tolerance Policies
Most human resources professionals are concerned about the privacy and security of the vast amounts of personal information they manage. This article discusses steps to consider taking against the challenges.
Deluge of...more
10/3/2023
/ Americans with Disabilities Act (ADA) ,
Breach Notification Rule ,
California Consumer Privacy Act (CCPA) ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Deletion ,
Employee Privacy Rights ,
Employee Training ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Human Resources Professionals ,
Information Technology ,
Personal Information ,
Popular ,
Risk Assessment ,
Risk Management ,
Wage and Hour
The annual Cost of a Data Breach Report (Report) published by IBM is reliably full of helpful cybersecurity data. This year is no different. After reviewing the Report, we pulled out some interesting data points. Of course,...more
9/5/2023
/ Artificial Intelligence ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Employee Training ,
Hackers ,
Health Care Providers ,
Healthcare ,
Incident Response Plans ,
Popular ,
Ransomware ,
Risk Management
To celebrate Data Privacy Day, we present our top ten data privacy and cybersecurity predictions for 2023.
1. Healthcare and Medical Data Security and Tracking-
The healthcare industry has been facing increased scrutiny...more
1/27/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Employee Monitoring ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Popular ,
State Privacy Laws
Much is being written about “remote work” – is it productive, will demand for it continue or be curtailed in a recession, is cybersecurity compromised, does it inhibit workplace culture, collaboration, etc. Lots of questions,...more
1/17/2023
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HITECH Act ,
Information and Communication Technology (ICT) ,
Mobile Health Apps ,
Popular ,
Remote Working ,
Risk Assessment ,
Robotics ,
Telehealth
It usually happens after a reported data breach. The organization experiencing the breach sends notifications to affected individuals, as well as federal and or state agencies where appropriate and perhaps other parties. Not...more
On December 22, 2022, the Nevada Gaming Commission (NGC) adopted regulations creating new cybersecurity requirements for certain gaming operators. This action joins agencies in other jurisdictions moving quickly to protect...more
We have been quite busy this October, which happens to be National Cybersecurity Awareness Month. But, we did not want to let the month go by without some recognition; and we are grateful to the HHS Office for Civil Rights...more
On August 17, 2022, New York announced an amendment to the Continuing Legal Education (CLE) Program Rules, which adds a requirement for attorneys to complete at least one CLE credit hour in Cybersecurity, Privacy, and Data...more
Organizations attacked with ransomware have a bevy of decisions to make, very quickly! One of those decisions is whether to pay the ransom. Earlier this year, I had the honor of contributing to a two-part series, entitled...more
No industry is immune to privacy and cybersecurity risks, and the construction industry is no exception. Those in the construction industry can protect against a potential cyberattack by understanding the risks and...more
3/31/2022
/ Construction Industry ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Employee Training ,
Hackers ,
Incident Response Plans ,
Popular ,
Third-Party
It started sometime last year and, in hindsight, was inevitable. Clients with 401(k) plans and a crypto-savvy employee population began asking whether they could offer cryptocurrency as a plan investment option. In the...more
Included within the Consolidated Appropriations Act, 2022, signed by President Joe Biden on March 15, the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (Act) creates new data breach reporting requirements....more
3/18/2022
/ Consolidated Appropriations Act (CAA) ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Homeland Security (DHS) ,
Popular ,
Ransomware ,
Reporting Requirements ,
SolarWinds
When Massachusetts issued its data security regulations in 2009 (Regulations), it led the way for states on data security. The Regulations became effective 12 years ago, almost to the day, March 1, 2010. The Bay State is now...more
On February 9, the Securities and Exchange Commission (“SEC”) voted to propose rule 206(4)-9 under the Advisers Act and 38a-2 under the Investment Company Act (collectively, “Proposed Rule”). In general, the Proposed Rule...more
2/11/2022
/ Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Financial Services Industry ,
Investment Adviser ,
Investment Management ,
Investors ,
Policies and Procedures ,
Popular ,
Proposed Rules ,
Recordkeeping Requirements ,
Retirement Plan ,
Risk Assessment ,
Securities and Exchange Commission (SEC)
In the last decade, organizations of varied industries and sizes have heightened their focus on diversity, equity, and inclusion (DEI) initiatives and, since 2020, DEI has become a top priority. COVID-19 pandemic realities,...more
1/28/2022
/ Anti-Discrimination Policies ,
Assessment ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equity ,
EU ,
EU-US Privacy Shield ,
European Commission ,
General Data Protection Regulation (GDPR) ,
Popular ,
Record Retention ,
Schrems I & Schrems II
In honor of Data Privacy Day, we provide the following “Top 10 for 2022.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2022...more
1/28/2022
/ Americans with Disabilities Act (ADA) ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
National Security ,
Popular ,
Ransomware ,
Standard Contractual Clauses ,
State Privacy Laws ,
TCPA
The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a...more
1/20/2022
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CMIA ,
Consumer Privacy Rights ,
Contractors ,
Cookies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Covered Business ,
Data Breach ,
Data Deletion ,
Data Privacy ,
Data Protection ,
Do Not Sell ,
For-Profit Corporations ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Opt-Outs ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Record Retention ,
Sensitive Personal Information ,
Third-Party
Over the past several years, if your organization experienced a cyberattack, such as ransomware or a diversion of funds due to a business email compromise (BEC), and you had cyber insurance, you likely were very thankful....more
1/3/2022
/ Business Interruption ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Defense Costs ,
Incident Response Plans ,
Multi-Factor Authentication ,
Popular ,
Ransomware ,
SHIELD Act ,
Training
According to reports, Kronos, the cloud-based, HR management service provider, suffered a data incident involving ransomware affecting its information systems. Kronos communicated that it discovered the incident late on...more