News & Analysis as of May 29, 2025

Cybersecurity › Confidential Information

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

OIG makes seven recommendations for CFPB following major incident

Orrick, Herrington & Sutcliffe LLP on 5/19/2025

On May 5, the OIG for the Fed authored a report with several recommendations for the CFPB following a major security incident regarding confidential supervisory information (CSI). The OIG issued four findings with seven...more

NFL Draft Provides Wake-Up Call on Protecting Confidential Information While Working Remotely

Paul Hastings LLP on 5/5/2025

Last week’s NFL draft highlighted more than the accomplishments of athletes at the combine or on the field. While there was extensive coverage of the merits of each player, one of the major headlines coming out of the draft...more

Spring Cleaning and Tune-up for Your Trade Secret Portfolio: Eight Steps

Wolf, Greenfield & Sacks, P.C. on 4/15/2025

Spring has arrived, and in addition to cleaning, it’s a good time to reassess how your company is handling its trade secrets. Far from being static, trade secret innovations, processes, and data evolve over time. Business...more

Security Best Practices for Remote Depositions in the Digital Age

U.S. Legal Support on 3/27/2025

Trial outcomes often hinge on witness testimony. Attorneys collect much of this testimony during a formal process called a deposition. A critical component of discovery, depositions traditionally occur in law offices or...more

Considerations for Artificial Intelligence Policies in the Workplace

Littler on 3/11/2025

In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism, or use of AI tools that produce inaccurate or misleading information. Meanwhile, many...more

Understanding Trade Secret Laws and Assets

Venable LLP on 2/17/2025

For companies, maintaining a competitive advantage over the market is necessary for long-term growth. In many cases, this competitive advantage takes the form of a federal- or state-protected trade secret, such as a...more

Best Practices to Secure Law Firm Documents

U.S. Legal Support on 1/27/2025

Law firms handle confidential information and documents that require diligent protection. The stakes are high, the regulations and their sources are vast, and technology is sophisticated and ever-changing....more

Protecting Trade Secrets: Tips for AI Companies

Orrick, Herrington & Sutcliffe LLP on 1/24/2025

AI companies should familiarize themselves with trade secret law to safeguard their innovations. A company does not need to register a trade secret to invoke it in litigation, unlike other IP protections. Trade secrets can...more

Insider Threats: The Overlooked Risks of Departing Employees and Sensitive Data Theft

Jackson Lewis P.C. on 1/21/2025

Insider threats continue to present a significant challenge for organizations of all sizes. One particularly concerning scenario involves employees who leave an organization and impermissibly take or download sensitive...more

3 Steps to Protect Highly Sensitive Assets in an M&A Deal

Procopio, Cory, Hargreaves & Savitch LLP on 1/9/2025

Due diligence is a necessary part of any M&A transaction. This process can be an exhaustive deep dive into the target company’s history. In some cases, the buyer wants to assure itself of certain highly confidential and...more

AI in Drug Discovery: 2025 Outlook

Foley & Lardner LLP on 12/19/2024

Looking forward to the 2025 prediction season, a survey of the emerging AI-powered drug discovery landscape has been making the rounds—and with good reason. The survey, summarized by Stanford’s Chris Bradbury, is likely the...more

Increasing insider threats and the importance of AI governance

A&O Shearman on 12/19/2024

China’s ByteDance, the parent company of TikTok, is seeking USD1.1 million in damages from a former intern accused of sabotaging its artificial intelligence (AI) large language model training infrastructure....more

Hospital Administrators – Is Your Hospital Cyber-Secure?

Lippes Mathias LLP on 11/20/2024

On October 2, 2024, New York adopted new regulations requiring general hospitals to implement heightened cybersecurity safeguards. General hospitals, as defined in Article 28 of the NY Public Health Law, generally must begin...more

New Cybersecurity Requirements Are Coming For Federal Contractors Handling Sensitive Government Information

Clark Hill PLC on 11/11/2024

On Oct. 21, the new Federal Acquisition Regulation (“FAR”) rule (the “CUI Rule”) aligning requirements for federal contractors to properly safeguard Controlled Unclassified Information (“CUI”) as outlined in Executive Order...more

Why Your Organization Needs to Craft a Comprehensive GenAI Policy Now

Rumberger | Kirk on 10/23/2024

The rapid advancement of generative artificial intelligence technologies has revolutionized various industries by automating complex tasks, creating content, and enhancing decision-making processes. However, it also poses...more

Privacy Briefs: August 2024

Health Care Compliance Association (HCCA) on 8/21/2024

On July 19, Change Healthcare Ince. filed a breach report with HHS Office for Civil Rights (OCR) concerning its mammoth ransomware attack and breach. The organization’s breach report to OCR identifies just 500 individuals as...more

Guardians of the Goldmine: Building an Effective Confidentiality Program

Baker Donelson on 8/16/2024

On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more

David’s Bridal Hit with Class Actions Over Two Data Breaches

Robinson+Cole Data Privacy + Security Insider on 8/2/2024

This week, two class actions were filed in the U.S. District Court for the Eastern District of Pennsylvania against David’s Bridal based on two data breaches. The actions allege that David’s Bridal failed to protect the...more

AI in Family Offices: A Closer Look at Privacy, Confidentiality, and Fiduciary Responsibility

ArentFox Schiff on 6/25/2024

The integration of artificial intelligence (AI) has revolutionized various industries, offering efficiency, accuracy, and convenience. In the realm of estate planning and family offices, the integration of AI technologies has...more

Actionable Advice When Sharing Client Data with Vendors

Esquire Deposition Solutions, LLC on 5/21/2024

We’ve previously written on the need for law firms to scrutinize the data security protections in place at all third-party vendors who have access to client confidential information. Clearly, that’s still good advice....more

Reimagining Data in the Wave of AI

BakerHostetler on 4/17/2024

Partner Janine Anthony Bowen explores data-related issues in technology contracts in the age of GenAI....more

NY State Bar Association Joins Florida and California on AI Ethics Guidance – Suggests Some Surprising Implications

Sheppard Mullin Richter & Hampton LLP on 4/8/2024

The NY State Bar Association (NYSBA) Task Force on Artificial Intelligence has issued a nearly 80 page report (Report) and recommendations on the legal, social and ethical impact of artificial intelligence (AI) and generative...more

AI Notetakers – Evaluating the Risks Along with the Benefits

Jackson Lewis P.C. on 3/21/2024

The explosion of generative AI has spawned a wide range of personal and professional tools and applications. One noteworthy (no pun intended) example of those tools and applications is notetakers that can capture, transcribe,...more

2023 Trade Secrets End of Year Report

ArentFox Schiff on 3/13/2024

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

HHS Cybersecurity Performance Goals and the Healthcare Industry

Spilman Thomas & Battle, PLLC on 3/8/2024

The healthcare industry is a major target for cyberattacks because of all of the personal information collected from patients. Recognizing that the healthcare industry is such a ripe hunting ground for cybercriminals, the...more

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