In this month's Privacy & Cybersecurity Update, we examine recent trends and court decisions, including a new law in Ohio that provides a safe harbor from tort-based data breach claims if the company adopts certain security...more
10/2/2018
/ Affirmative Defenses ,
Amended Rules ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Computer Fraud Insurance ,
Cybersecurity ,
Data Breach ,
Data Security ,
General Data Protection Regulation (GDPR) ,
Internet of Things ,
Personal Data ,
Popular ,
Privacy Policy ,
Private Right of Action ,
Social Engineering ,
State Attorneys General ,
State Legislatures ,
UK ,
UK ICO
On August 13, 2018, President Donald Trump signed into law the John S. McCain National Defense Authorization Act (NDAA) for fiscal year 2019. A key focus of legislation contained in the NDAA is to protect U.S. technological...more
9/12/2018
/ CFIUS ,
China ,
Civil Monetary Penalty ,
Commerce Control List ,
Criminal Penalties ,
Department of Defense (DOD) ,
Dual Use Goods ,
ECCNs ,
Export Administration Regulations (EAR) ,
Export Control Reform (ECR) ,
Export Controls ,
Exports ,
FIRRMA ,
Foreign Investment ,
Licensing Rules ,
National Security ,
NDAA ,
Supervision and Collaboration Agreements ,
Technology Sector ,
Trump Administration
In this month's edition of our Privacy & Cybersecurity Update, we examine Brazil's new data protection regulation, the French data protection authority's warning to two companies of potential GDPR violations and the U.S....more
9/7/2018
/ Appeals ,
Brazil ,
Breach Notification Rule ,
CNIL ,
Computer Fraud Insurance ,
Consent ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection Acts ,
Data Protection Authority ,
Data Protection Officers (DPOs) ,
Data Retention ,
Denial of Insurance Coverage ,
Department of Homeland Security (DHS) ,
Email ,
Enforcement Actions ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Extraterritoriality Rules ,
France ,
Fraudulent Transfers ,
General Data Protection Regulation (GDPR) ,
Geological Data ,
International Data Transfers ,
Japan ,
Japan-EU Economic Partnership Agreement (EPA) ,
NCCIC ,
Personal Data ,
Policy Terms ,
Popular ,
Public Private Partnerships (P3s) ,
Reciprocity Rules ,
Reversal ,
Scams ,
Social Engineering ,
Spoofing ,
Standard Contractual Clauses ,
Warning Letters ,
Wire Fraud
This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including the use of legal holds in cross-border investigations,...more
8/29/2018
/ China ,
Civil Monetary Penalty ,
Cooperation ,
Criminal Investigations ,
Cross-Border Transactions ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Fee Reductions ,
General Data Protection Regulation (GDPR) ,
Initial Coin Offering (ICOs) ,
Personal Liability ,
Popular ,
Privileged Communication ,
Serious Fraud Office (SFO) ,
Settlement ,
Trump Administration ,
UK
After significant deliberation and discussion, Congress passed and the president is expected to shortly sign the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the first legislation in over a decade to...more
8/7/2018
/ Acquisitions ,
Administrative Procedure ,
CFIUS ,
Declaration ,
Filing Fees ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Jurisdiction ,
Mergers ,
National Security ,
National Security Review Proceedings ,
New Rules ,
Personally Identifiable Information ,
Real Estate Investments ,
Short-Form Mergers ,
Transparency ,
Trump Administration
In large part as a response to China’s national industrial goals and subsequent Chinese acquisitions of U.S. and European companies that are technology leaders in key industries, the U.S. government and a number of European...more
In large part as a response to China’s national industrial goals and subsequent Chinese acquisitions of U.S. and European companies that are technology leaders in key industries, the U.S. government and a number of European...more
President Donald Trump’s recent executive order blocking Broadcom Limited’s acquisition of chipmaker Qualcomm, Inc. (the Order) is the latest in a series of significant actions and statements regarding the national security...more
3/20/2018
/ Acquisitions ,
Blocked Mergers ,
Broadcom ,
CFIUS ,
China ,
Foreign Investment ,
Hostile Takeover ,
Mergers ,
National Security ,
Popular ,
Qualcomm ,
Trump Administration
Financial institutions covered by the New York State Department of Financial Services’ (NYDFS) new Cybersecurity Requirements for Financial Services Companies must file their first annual certification by February 15, 2018....more
Over the past year, a bipartisan group of legislators in Congress has been drafting and soliciting support for a new statute that, if passed, would dramatically reform national security reviews performed by the Committee on...more
1/24/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Export Controls ,
Filing Fees ,
FIRRMA ,
Foreign Acquisitions ,
Joint Venture ,
Jurisdiction ,
License Agreements ,
National Security ,
National Security Review Proceedings ,
Notice Requirements ,
Partnerships ,
Proposed Legislation ,
Risk Mitigation ,
Technology Sector ,
Trump Administration
On November 8, 2017, a bipartisan group of legislators led by U.S. Sen. John Cornyn, R-Texas, and U.S. Rep. Robert Pittenger, R-N.C., alongside co-sponsors including U.S. Sen. Dianne Feinstein, D-Calif., introduced parallel...more