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GDPR is Here: How EU Privacy Regulations Impact U.S. Business

The General Data Protection Regulation (GDPR) takes effect in the European Union (EU) on May 25, 2018. Although U.S. businesses may think that EU regulations do not apply to them, GDPR extends to any entity that collects,...more

Web Hosting Services: Are They Secure?

by Morgan Lewis on

A recent report issued by the Federal Trade Commission (FTC) found that some web hosting services marketing their services to small businesses are not providing email authentication and anti-phishing technologies as part of...more

Understanding GDPR’s Breach Disclosure Starts with Who Owns PII

by NAVEX Global on

In February, Congress held a hearing on data breach disclosure rules. For two hours, members of the Subcommittee on Financial Institutions and Consumer Credit wrestled with when companies should disclose a breach, what they...more

SEC Reinforces and Elevates Cybersecurity Guidance; Board Oversight of Cybersecurity at the Forefront

by King & Spalding on

On February 21, 2018, the Securities and Exchange Commission (“SEC”) published interpretive guidance on public company cybersecurity disclosures. While the new guidance confirms the SEC’s intensified focus on cybersecurity...more

SEC Reiterates Cybersecurity Guidance and Provides Color on Disclosure Implications

by Goodwin on

On February 20, 2018, the Securities and Exchange Commission published Commission Statement and Guidance on Public Company Cybersecurity Disclosures (the “Release”), which states the Commission’s interpretive views on...more

Upcoming SEC Open Meeting

On February 14, 2018, the Securities and Exchange Commission announced that it will hold an open meeting on February 21st at 10 a.m. to consider various matters, including whether to approve the issuance of an interpretive...more

Business Litigation Report - January 2018

January 2018: Federal Circuit Issues Important Decision On Written Description And Enablement In Amgen Inc. v. Sanof - In Amgen Inc. v. Sanofi, 872 F.3d 1367 (Fed. Cir. 2017), the Federal Circuit acknowledged the relevance...more

Upcoming Investor Advisory Committee Meeting

The Securities and Exchange Committee announced the agenda for the March 8, 2018 meeting of its Investor Advisory Committee, which will include, among other things, a discussion of dual class share structures and...more

Small Business, Big Risk: Cybersecurity Threats Facing Small and Medium-Sized Businesses

by Morgan Lewis on

When it comes to cybersecurity and data breaches, smaller businesses do not necessarily make less likely targets. According to a recent report on the state of cybersecurity in small and medium-sized businesses by the Ponemon...more

GDPR Requirements Force a Privacy Reboot Everywhere, Especially in Legal

by NAVEX Global on

There’s this thing called the General Data Protection Regulation or GDPR. Perhaps you’ve heard of it? Few regulatory changes have inspired more anxiety or frenzied activity than the EU’s new privacy rules. Scheduled to go...more

Settlement Offers Guidance on What “Reasonable” Security Means Under COPPA

The FTC’s COPPA Guidance does an admirable job explaining the basics of what a business needs to do to comply with COPPA, but is vague as to how a business must protect personal information collected from children. The COPPA...more

The Data Report Episode 26: The Internet of Things for Business

by Bilzin Sumberg on

Module Seven: The Internet of Things (Part III) In this episode of The Data Report, Litigation attorney Jay Ward discusses what the Internet of Things means for businesses. He speaks about how companies can incorporate and...more

Wrapping Your Privacy Practices Up with a Bow

by Ward and Smith, P.A. on

For many companies, the "hap-happiest season of all" coincides with the busiest season of all. Business owners and employees are racing to fill customer orders in time for the holidays, which also means an avalanche of new...more

DHS Amplifies Call for Public-Private Partnership in Cyberdefense and Pledges to “Intervene Directly”

The worldwide WannaCry attack from May 2017 has been officially blamed on North Korea. In a press briefing publicly announcing the Administration’s declaration of North Korean culpability, the Department of Homeland Security...more

The Data Report Episode 25: Cybersecurity & Networked Devices

by Bilzin Sumberg on

Module Seven: The Internet of Things (Part II) In part two of the "Internet of Things," Litigation attorney Jay Ward explores how a single compromised device can threaten a system of devices interconnected via the internet....more

Mine, Yours, and Ours: Gating Issues in the Use and Commercialization of Data

by Morgan Lewis on

Many companies are actively exploring how to better use, commercialize, and productize (make into a standalone product) the data that they collect or is collected on their behalf. A gating issue for these companies is...more

Banks Find Success Suing Over Data Breaches

Banks continue to file suit against retailers, hoping to shift the costs of data breaches, with some recent success. What happened - In January 2016, hackers accessed Eddie Bauer’s point-of-sale register system and...more

The Government’s Role in Promoting and Leading Effective Cybersecurity

by Morgan Lewis on

Introduction - Data breaches have the power to inflict significant damage and consequences with the potential to bring a company, industry or government agency to its knees, or adversely harm those individuals whose...more

The New EU Privacy Law, General Data Protection Regulation — What A Non-EU Company Should Know

by Cozen O'Connor on

The new European privacy law, General Data Protection Regulation (GDPR), was approved by the European Union (EU) Parliament to replace its predecessor Data Protection Directive 95/46/EC (Directive). GDPR will be enforceable...more

Defining the GDPR’s Data Protection Officer Requirement

by NAVEX Global on

The European Union’s sweeping new General Data Protection Regulation goes into effect six months from now. Most ethics and compliance officers in the United States already know that, and most are responding with some degree...more

The Data Report: Data Security Tips This Holiday Season

by Bilzin Sumberg on

In a special edition of The Data Report, Litigation attorney Jay Ward discusses items to bear in mind during the biggest spending season of the year. Jay's holiday data security tips include taking regular inventory of your...more

Make Your Online Terms of Service "Uber" Enforceable

by Partridge Snow & Hahn LLP on

Are your online Terms of Service enforceable? Businesses should review their account registration process in light of a recent court decision. In Meyer v. Uber Technologies, Inc., the U.S. Court of Appeals for the Second...more

Artificial Intelligence: Expectations of the IT Department

by Morgan Lewis on

Artificial intelligence (AI) is the hot topic on everyone’s mind. Technology providers are researching and developing how they can exploit AI, companies in a wide range of industries are seeking to understand how AI will...more

Structured Thoughts: News for the financial services community, Volume 8, Issue 8

Sales of VIX-Linked ETPs – Back to Basics for FINRA - FINRA used a misselling case to remind member firms of certain fundamentals, including the importance of implementing a new product approval process, reasonable...more

To Scan or Not to Scan: Surge in Lawsuits under Illinois Biometrics Law

by McDermott Will & Emery on

The Illinois Biometric Information Privacy Act is having its moment. At least 32 class action lawsuits have been filed by Illinois residents in state court in the past two months challenging the collection, use and storage of...more

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