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China Intends To Ease Controls Over Cross-Border Data Transfers

On September 28, 2023, the Cyberspace Administration of China (CAC) published the draft Provisions on Regulating and Promoting Cross-Border Data Transfers (Draft Provisions). If adopted into law in their current form, the...more

What Does the SEC’s Complaint Against SolarWinds Mean for CISOs and Boards?

On October 30, 2023, the SEC filed a litigated complaint against SolarWinds, a software development company, and Timothy Brown, its chief information security officer (CISO). The SEC alleges that from October 2018, when...more

AI Insights: Biden Administration Passes Sweeping Executive Order on Artificial Intelligence

On October 30, the U.S. government released its long-awaited, sweeping executive order (the AI EO or Order) on artificial intelligence (AI). The Order directs various U.S. government departments and agencies to evaluate AI...more

Cyber Fraud Alleged by Former CIO for Purported Noncompliance With DoD Cyber Requirements

A recently unsealed case against Pennsylvania State University: - Serves as yet another example of the increased use of the False Claims Act (FCA) in cybersecurity enforcement. - Underscores the need for companies...more

Federal Report Proposes Harmonization of Divergent Cyber Incident Reporting Regimes

On September 20, 2023, the U.S. Department of Homeland Security released a report outlining the varied and sometimes conflicting reporting requirements that private entities face when they are victims of a cyber incident. The...more

Privacy & Cybersecurity Update - September 2023

In this month’s Privacy & Cybersecurity Update, we examine Delaware’s new comprehensive data privacy law, a joint statement by 12 data protection authorities on data scraping and data protection, a district court ruling on a...more

Privacy & Cybersecurity Update - August 2023

In this month’s Privacy & Cybersecurity Update, we analyze the Biden administration’s proposed cybersecurity labeling program for smart devices, NIST’s extensive overhaul of its cybersecurity framework, and data privacy law...more

Privacy & Cybersecurity Update - July 2023

In this month’s Privacy & Cybersecurity Update, we examine the newly established data privacy framework between the EU and U.S. and new consumer privacy laws in Oregon and Texas. We also review a court ruling that delayed...more

SEC Adopts Rules for Cybersecurity Risk Management, Strategy, Governance and Incident Disclosure

On July 26, 2023, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to adopt final rules that are intended to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance and...more

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

Supreme Court Clarifies False Claims Act Scienter Element in Schutte

On June 1, 2023, the U.S. Supreme Court issued its highly anticipated decision in the consolidated cases United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, Inc., Nos. 21-1326 &...more

Privacy & Cybersecurity Update - May 2023

In this month’s Privacy & Cybersecurity Update, we review new consumer privacy laws in Tennessee and Indiana, three GDPR rulings by the Court of Justice of the European Union, updates regarding future California Privacy...more

AI Risk: Evaluating and Managing It Using the NIST Framework

The rapid adoption of artificial intelligence (AI) technology into corporate environments has left many organizations understandably struggling with how to identify, measure and manage the unique risks of these nascent...more

Privacy & Cybersecurity Update - March 2023

In this month’s Privacy & Cybersecurity Update, we examine Iowa’s new data privacy law (the sixth state to enact a privacy law), the Biden administration’s new national cybersecurity strategy, the U.K. government’s revised...more

Recent Actions by the Fed Show Its Continued Cautious Approach to Cryptoasset Activities by Supervised Institutions

In the past year, the Board of Governors of the Federal Reserve System (the Board) Biden administration officials, and other U.S. banking regulators have repeatedly voiced growing concerns about certain cryptoasset...more

Privacy & Cybersecurity Update - January 2023

In this month’s Privacy & Cybersecurity Update, we analyze recent fines against Meta and their impact on the future of behavioral advertising, the timeline for the California Privacy Rights Act’s regulations to become...more

US Regulators Express Concern About Banks’ Exposure to Cryptoasset Risks

On January 3, 2023, the Board of Governors of the Federal Reserve System (Federal Reserve), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) issued a Joint Statement on...more

Privacy & Cybersecurity Update - December 2022

In this month’s Privacy & Cybersecurity Update, we examine the European Commission’s draft adequacy decision on the EU-U.S. Data Privacy Framework, as well as guidance from the U.K. Information Commissioner’s Office on...more

Privacy & Cybersecurity Update - November 2022

In this month’s Privacy & Cybersecurity Update, we examine the California Privacy Protection Agency’s revised draft regulations for the California Privacy Rights Act, the Federal Trade Commission’s settlement with a...more

Privacy & Cybersecurity Update - October 2022

In this month’s Privacy & Cybersecurity Update, we examine President Biden’s executive order to implement an EU-U.S. data privacy framework, the European Commission’s draft Cyber Resilience Act, the U.S. Treasury’s request...more

Revisions to the DOJ’s Corporate Criminal Enforcement Policy Will Require Companies To Reevaluate Their Compliance Systems

In a recently published memorandum, Deputy Attorney General (DAG) Lisa Monaco announced important updates to the U.S. Department of Justice’s (DOJ’s) approach to investigating and prosecuting corporate crimes. In the...more

Privacy & Cybersecurity Update - September 2022

In this month’s Privacy & Cybersecurity Update, we review California’s settlement of the first-ever enforcement action under the California Consumer Privacy Act, as well as the state’s new child-focused privacy law and...more

Privacy & Cybersecurity Update - August 2022

In this month’s Privacy & Cybersecurity Update, we review the FTC’s proposed data privacy and cybersecurity rulemaking and the European Data Protection Board’s draft guidelines on the calculation of GDPR administrative fines....more

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts

A flurry of legal and enforcement activity has arisen over the last two weeks across a wide range of areas in the Web3 space, including actions by the Securities and Exchange Commission, the Office of Foreign Assets Control,...more

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