News & Analysis as of

Cyber Attacks Comment Period

King & Spalding

Department of Homeland Security Proposes Rule for Reporting of Cyber Incidents

King & Spalding on

On April 4, 2024, the Cybersecurity and Infrastructure Security Agency (“CISA”) published for public comment a long-awaited proposed rule to implement the Cyber Incident Reporting for Critical Infrastructure Act of 2022...more

Schwabe, Williamson & Wyatt PC

Comments Sought on Proposed Requirements of the Cyber Incident Reporting for Critical ‎Infrastructure Act

On March 15, 2022, the Cyber Incident Reporting for Critical Infrastructure Act of 2022 was signed into law. Generally, CIRCIA requires “covered entities,” defined as entities in certain critical infrastructure sectors, to...more

Woods Rogers

Proposed Federal Cyber Incident Reporting Rule Adds Hefty Federal Reporting Requirements to Critical Infrastructure Sector and...

Woods Rogers on

The federal Cybersecurity and Infrastructure Security Agency (CISA) released a draft of its proposed rule detailing how covered entities operating in critical infrastructure sectors report cyberattacks and ransomware payments...more

Katten Muchin Rosenman LLP

The CFTC Proposes Operational Resiliency Rules for FCMs, Swap Dealers and Major Swap Participants

Adopted partially in response to a 2023 cyberattack on a widely-used, third-party service provider to several financial services firms, the Commodity Futures Trading Commission (CFTC) has proposed new requirements and...more

Morgan Lewis - Tech & Sourcing

Flood Insurance for Cyberattacks? A Federal Proposal

The US Treasury Department has issued a request for public comment on a federal cyberinsurance program that would aim to cover the costs associated with severe cyberattacks. The Federal Insurance Office (FIO) and the US...more

Stinson - Government Contracting Matters

SEC Issued Proposed Rule on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure

Increasingly, the Federal government implements a rule for government contractors which then makes its way in some form into all of US industry.  Cybersecurity regulations, mandating that government contractors, grant and...more

Stinson LLP

SEC Proposes Public Company Cybersecurity Disclosure Rules

Stinson LLP on

On March 9, 2022, the Securities and Exchange Commission (SEC) proposed amendments to its rules that would require certain cybersecurity-related disclosures by public companies. The proposed rules are intended to enhance and...more

Goodwin

SEC Proposes Short Sale Disclosure Rule and Reopens Comment Period for Reporting on Securities Loans

Goodwin on

In This Issue. The U.S. Securities and Exchange Commission (SEC) proposed a new rule to increase market transparency regarding short selling and extended the comment period for its proposed rule requiring reporting on...more

Goodwin

SEC Cybersecurity Rules Target Investment Advisers and Investment Companies

Goodwin on

On February 9, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed a package of new rules and amendments to enhance cybersecurity preparedness and improve cyber resilience of investment advisers and investment...more

Goodwin

SEC Proposes Changes to Private Fund Regulation

Goodwin on

In This Issue. The U.S. Securities and Exchange Commission (SEC) proposed changes to private fund regulation; the Office of the Comptroller of the Currency (OCC) succeeded in validating its “valid-when-made” rulemaking; the...more

Goodwin

Federal Agencies Issue Joint Statement on Management of LIBOR Transition

Goodwin on

In This Issue. Federal agencies issued a joint statement regarding an orderly transition away from the London Interbank Offered Rate (LIBOR); the Office of the Comptroller of the Currency (OCC) issued an updated...more

Goodwin

Mitigation of Cybersecurity Risks in Medical Device Software: FDA Discussion & Insights for OEMs, Remanufacturers, and Servicers

Goodwin on

I. OVERVIEW - The U.S. Food & Drug Administration (“FDA”) has increased its focus on mitigating cybersecurity risks in medical device software. On June 24, 2021, the FDA issued two documents that are important not only...more

Goodwin

Federal Reserve Proposes Rules To Modernize Regulations That Implement CRA

Goodwin on

In the News. The Board of Governors of the Federal Reserve System (Federal Reserve) proposed rules to modernize the regulations that implement the Community Reinvestment Act (CRA); the Conference of State Bank Supervisors...more

Akin Gump Strauss Hauer & Feld LLP

FERC Issues White Paper on Cybersecurity Incentives

On June 18, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Cybersecurity Incentives Policy White Paper (the “White Paper”). The White Paper, issued in Docket No. AD20-19-000, discusses a...more

ArentFox Schiff

Interactive Counsel Newsletter: Privacy Report: FBI Issues Updated Ransomware Guidance

ArentFox Schiff on

FBI Issues Updated Ransomware Guidance - A recent report from New Zealand-based cybersecurity firm Emsisoft has revealed the extent to which ransomware is being used in cyberattacks in the United States. The first 9 months...more

Bricker Graydon LLP

CMS and OIG propose changes to existing rules for donations of electronic health records and new rules for donations of...

Bricker Graydon LLP on

On October 9, 2019, the Office of Inspector General (OIG) released proposed changes to the regulations interpreting the federal Anti-Kickback Statute (AKS). On the same day, the Centers for Medicare and Medicaid Services...more

Robinson+Cole Health Law Diagnosis

HHS Proposes Changes to Permit Donation of Cybersecurity Technology

On October 17, 2019, the Department of Health and Human Services (HHS) published proposed rules to update the regulatory Anti-Kickback Statute (AKS) safe-harbors and exceptions to the Physician Self-Referral (PSR) Law, known...more

Sheppard Mullin Richter & Hampton LLP

FDA Issues New Draft Cybersecurity Guidance for Medical Devices

The Food & Drug Administration has recently released for comment a draft expansion of guidance regarding Content of Premarket Submissions for Management of Cybersecurity in Medical Devices. Although the FDA issued existing...more

Robinson+Cole Data Privacy + Security Insider

NIST Issues Practice Guide for Electric Utilities

On February 16, 2017, the National Cybersecurity Center of Excellence released its draft practice guide for electric utilities, entitled “Situational Awareness for Electric Utilities.”...more

Hogan Lovells

NIST Updates Cybersecurity Framework Guidance

Hogan Lovells on

In the past month, the National Institute of Standards and Technology (NIST) has issued a draft update to its flagship cybersecurity framework as well as new standalone guidance on how organizations can plan to recover from...more

Stinson - Corporate & Securities Law Blog

Bank Regulators Issue Notice of Proposed Rulemaking on Enhanced Cyber Risk Management Standards

Three federal banking regulatory agencies have approved an advance notice of proposed rulemaking (ANPR) inviting comment on a set of potential enhanced cybersecurity risk-management and resilience standards that would apply...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update: New York State Proposes Cybersecurity Regulation for Financial Institutions

New York state has proposed a new regulation — to go into effect January 1, 2017 — that would require banks, insurance companies and other financial services institutions regulated by the New York State Department of...more

Proskauer Rose LLP

SEC Proposes Rule Requiring Registered Advisers to Adopt Business Continuity and Transition Plans

Proskauer Rose LLP on

On June 28, 2016, the Securities and Exchange Commission (SEC) proposed new Rule 206(4)-4 under the Investment Advisers Act of 1940 (Advisers Act) that would require registered investment advisers to adopt and implement...more

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