Just a month before the Security and Exchange Commission’s (“SEC’s”) Material Cybersecurity Incidents Rule is set to take effect, a ransomware group has apparently taken compliance with reporting requirements into its own...more
New York Attorney General Letitia James recently announced two agreements related to data breaches with entities that operate in the education industry. In both instances the entities paid the ransom and received evidence of...more
In late August 2023, the California Privacy Protection Agency (“CPPA” or “Agency”) released a discussion draft of proposed regulations under California’s data privacy law, the California Consumer Privacy Act (“CCPA”)....more
Publications and Advisories - July 31, 2023 – Dave Brown, Kate Hanniford, Kim Peretti, Julia Mediamolle, Cara Peterman, Sierra Shear, Kristen Bartolotta, and Kezia Osunsade published “Securities Law, Securities Litigation,...more
8/10/2023
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Civil Investigation Demand ,
COPPA ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Hackers ,
International Data Transfers ,
Online Safety for Children ,
Popular ,
Ransomware ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Standard Contractual Clauses ,
Telehealth
In mid-July, the Federal Trade Commission (FTC) reportedly opened an investigation into OpenAI, the maker of ChatGPT, sending the company an extensive Civil Investigative Demand (CID). While FTC investigations are normally...more
On June 18, 2023, Texas Governor Greg Abbott signed the Texas Data Privacy and Security Act (HB 4) (“TDPSA”) into law, making Texas the latest contributor to the growing patchwork of comprehensive U.S. state privacy laws....more
On June 7, 2023, the Federal Bureau of Investigation (FBI) and the Cybersecurity and Infrastructure Security Agency (CISA) released a Joint Cybersecurity Advisory in connection with a recent zero-day (or previously...more
Publications and Advisories - April 5, 2023 – Kate Hanniford and Elinor Hiller published “Healthy Byte: White House and HHS Both Update Their Cybersecurity Guidance.”...more
Publications and Advisories - February 10, 2023 – Kathleen Benway, David Keating, and Sara Pullen Guercio published “Privacy, Cyber & Data Strategy / Consumer Protection/FTC Advisory: Limit Your Health Data Sharing and Call...more
2/15/2023
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Personal Information ,
Popular ,
State Privacy Laws
Selected U.S. Privacy and Cyber Updates - California Privacy Protection Agency Issues Notice of Modifications to Proposed CPRA Regulations - On November 3, 2022, the California Privacy Protection Agency (CPPA) issued a notice...more
On October 31, 2022, the Federal Trade Commission (FTC) announced it has taken action against education technology provider Chegg Inc. (“Chegg”) for its “careless” cybersecurity practices that exposed sensitive personal...more
On October 24, 2022, the Federal Trade Commission (“FTC”) announced a proposed consent order against both Drizly LLC, an online marketplace for alcohol delivery, and its CEO over the company’s alleged security failures that...more
Our Privacy, Cyber & Data Strategy and White Collar, Government & Internal Investigations teams offer key takeaways that companies should consider in the wake of the Justice Department’s first prosecution of a corporate...more
On October 4, 2022, the White House Office of Science and Technology released the Blueprint for an AI Bill of Rights (the Bill) to guide the development and use of artificial intelligence (AI) in the United States. The White...more
Selected Developments in U.S. Law - U.S. Department of Commerce Announces the Establishment of a Global CBPR Forum On April 21, 2022, Canada, Japan, South Korea, the Philippines, Singapore, Taiwan, and the United States...more
5/11/2022
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cyber Attacks ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Assets ,
Fraud ,
Personal Information ,
Popular ,
Privacy Laws ,
Ransomware
The Strengthening American Cybersecurity Act of 2022, a bill that narrowly failed to become law last year, was passed in the Senate on Tuesday, March 1 as a package of cybersecurity measures that would require operators of...more
3/4/2022
/ Cyber Attacks ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Breach Plans ,
Data Privacy ,
Data Protection ,
Data Security ,
Popular ,
Reporting Requirements
Selected Developments in U.S. Law - SEC Proposed Rule Will Require Private Funds to Report Certain Cyber Events On January 26, 2022, the U.S. Securities and Exchange Commission (SEC) proposed new rules to enhance hedge fund...more
2/9/2022
/ China ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Data Subject Access Requests ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Malware ,
Multi-Factor Authentication ,
NYDFS ,
Personal Data ,
Popular ,
Ransomware ,
Reporting Requirements ,
Russia ,
Ukraine
As companies scramble to address the newly exploited, ubiquitous Log4j vulnerability, companies’ actions are now the potential source for government scrutiny. Our Privacy, Cyber & Data Security Team summarizes what the Log4j...more
On November 14, 2021, the Cyberspace Administration of China (CAC) released draft Regulations on the Management of Online Data Security (the “Regulations”) for China’s data privacy and security laws, including the...more
Selected Developments in U.S. Law - Colorado Privacy Act Becomes Third Comprehensive State Privacy Act in the United States - Our Privacy, Cyber & Data Strategy Team highlights some of the similarities and differences between...more
On June 10, 2021, almost exactly three years after the passing of its Cybersecurity Law (CSL), the National People’s Congress of China passed a new Data Security Law (DSL) (click here for an unofficial English translation of...more
Selected Developments in U.S. Law - Fifth Circuit Decision Raises Cyber Enforcement Complications for the U.S. Department of Health and Human Services As the Biden Administration begins detailing its regulatory and...more
2/18/2021
/ Attorney-Client Privilege ,
Biden Administration ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
Ransomware ,
Reporting Requirements ,
Risk Management ,
State Privacy Laws ,
Work-Product Doctrine
Selected Developments in U.S. Law - Alston & Bird Analyzes New California Privacy Rights Act - California voters approved a ballot initiative containing the California Privacy Rights Act of 2020. ...more
11/20/2020
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
FinCEN ,
Hackers ,
International Data Transfers ,
Malware ,
Personal Information ,
Ransomware ,
Schrems I & Schrems II
On October 13, 2020, state financial regulators in partnership with the Bankers Electronic Crimes Taskforce and the U.S. Secret Service, released the Ransomware Self-Assessment Tool (R-SAT) to help financial institutions...more
Selected Developments in U.S. Law - Japan’s Personal Information Protection Committee Releases Guidance on Contact Tracing Mobile Apps to Combat COVID-19 - On May 1, the Personal Information Protection Committee in Japan...more