News & Analysis as of September 21, 2024

Cybersecurity › Penalties

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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 -

U.S. Implications of the EU AI Act

American Conference Institute (ACI) on 6/24/2024

The European Union (EU) is leading the global charge with AI regulations. U.S. companies are not beyond their regulatory reach, however, and should be preparing their AI risk mitigation efforts accordingly....more

The EU’s NIS2 Directive: Covered Entities, Compliance Monitoring, Risk Management, Incident Reporting, and Penalties

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/17/2024

In response to the increasing number of cyberattacks and the acceleration of digital transformation across sectors, the European Union has revised and improved its Network and Information Security (NIS) Directive. The...more

Can You Prove It? Evidence Of Compliance Is Critical For Government Contractors

Dunlap Bennett & Ludwig PLLC on 6/14/2024

The Department of Justice has been clamping down on false certifications in the System for Award Management (“SAM”), in government contracts, and on invoice submissions. New laws are being created, new frameworks are being...more

Right To Know - June 2024, Vol. 18

Clark Hill PLC on 6/10/2024

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Utah Becomes First State To Enact AI-Centric Consumer Protection Law

Skadden, Arps, Slate, Meagher & Flom LLP on 4/8/2024

On March 13, 2024, Utah enacted the Utah Artificial Intelligence Policy Act (UAIP), which imposes certain disclosure requirements on entities using generative AI tools with their customers, and limits an entity’s ability to...more

HHS Health Care Cybersecurity Performance Goals: Proposed Incentives, Penalties and Compliance Standards

Mintz - Health Care Viewpoints on 4/5/2024

As promised in the U.S. Department of Health and Human Services (HHS) concept paper in December 2023, the agency published voluntary health care and public health cybersecurity performance goals (HPH CPGs) in January 2024 and...more

False Claims Act Enforcement Highlights Need for Robust Compliance Programs

Harris Beach PLLC on 3/8/2024

The U.S. Department of Justice (“DOJ”) announced its False Claims Act (“FCA”) enforcement statistics for FY 2023 and identified key priorities for FCA enforcement in 2024 and beyond. The DOJ continues to pursue FCA...more

Exploring DORA’s ICT Risk Requirements: Key Issues for Asset Managers

Dechert LLP on 3/7/2024

DORA became law in December 2022 but provides for a grace period until 17 January 2025 for organisations to put in place the necessary measures to comply. The new rules will require engagement from both an operational and...more

US AG Announces Increased Penalties for AI Crimes

Troutman Pepper on 2/29/2024

In a recent speech at Oxford University, U.S. Deputy Attorney General (AG) Lisa Monaco announced that the U.S. Department of Justice (DOJ) will now seek stiffer penalties for crimes involving, and aided by, artificial...more

Commerce Department Proposes Cybersecurity/AI Reporting and "KYC" Requirements for Certain Cloud Providers

Davis Wright Tremaine LLP on 2/15/2024

The U.S. Department of Commerce's ("Commerce") Bureau of Industry and Security ("BIS") has issued a proposed rule (the "Proposed Rule") that would impose significant diligence, reporting, and recordkeeping requirements on...more

Cybersecurity Compliance Issues with Verizon FCA Settlement Provides Helpful Suggestions on How to Reduce Liabilities or Mitigate...

Bradley Arant Boult Cummings LLP on 10/3/2023

Unfortunately, but as predicted earlier this year, the Department of Justice (DOJ) has shown no signs of pausing use of the False Claims Act (FCA) as a tool to enforce cybersecurity compliance. On September 5, 2023, DOJ...more

Investigations Newsletter: Arkansas Men Convicted in $18 Million Global Investment Fraud Conspiracy

ArentFox Schiff on 9/11/2023

Arkansas Men Convicted in $18 Million Global Investment Fraud Conspiracy - A federal jury in the Western District of Arkansas convicted four men of conspiracy to commit wire fraud, wire fraud, and conspiracy to commit money...more

Cyber Crime - Protecting Yourself from Publishing Scams in the UAE

Awatif Mohammad Shoqi Advocates & Legal... on 8/17/2023

Introduction: In the rapidly advancing digital age, cybercrime has become a serious global concern, and the UAE is not immune to this threat. Scammers are becoming increasingly sophisticated, using tactics such as fake calls,...more

New York Pushes For New Cybersecurity Requirements For Financial Services Companies

ArentFox Schiff on 7/10/2023

The New York State Department of Financial Services (DFS) has set forth a revised proposed second amendment to 11 NYCRR Part 500, the regulation regarding cybersecurity requirements for financial services companies (the...more

Recent New York Cybersecurity Enforcement Provides Latest Reason for Companies to be Proactive

Harris Beach PLLC on 6/6/2023

New York’s Department of Financial Services signaled once again its intent to strongly enforce the state’s Cybersecurity Regulation by finding OneMain Financial Group violated the law in several ways and imposing a $4.25...more

Compliance Experts Discuss Off-Channel Communications and Mobile Surveillance Policies

Guidepost Solutions LLC on 5/24/2023

Roundtable Discussion: Off-Channel Communications and Mobile Surveillance Policies - Surveillance, monitoring, escalation, and reporting are critical components to regulatory compliance and risk management. So is...more

Privacy Briefs: May 2023

Health Care Compliance Association (HCCA) on 5/12/2023

Five former Memphis-based hospital employees and another man have pled guilty to unlawfully disclosing patient information in violation of HIPAA, U.S. Attorney for the Western District of Tennessee Kevin Ritz announced....more

Heard In Washington: Recent CFIUS Highlights and News

Dechert LLP on 5/10/2023

Speaking recently at a conference concerning the Committee on Foreign Investment in the United States (“CFIUS” or the Committee”) in Washington, D.C., senior CFIUS officials from the Department of Defense (“DOD”), the...more

Mintz May Madness: Comprehensive Data Privacy Laws Sweeping the Nation

Mintz - Privacy & Cybersecurity Viewpoints on 5/4/2023

Indiana's New Law is on the Books - Last month, three more state legislatures passed comprehensive data privacy laws. Just this week, Indiana’s governor signed one of them - the Indiana Consumer Data Privacy Act (“ICDPA’) -...more

FDA Authorized to Establish New Cybersecurity Standards for Medical Devices: What it Means for Industry

Ankura on 4/26/2023

On December 29, 2022, President Biden signed a new statute that will significantly impact medical device cybersecurity regulation. Section 3305 of the Consolidated Appropriations Act of 2023 (“Section 3305”) authorizes the...more

CFIUS Year in Review

Foley Hoag LLP on 2/9/2023

CFIUS reviewed a record number of transactions in 2021 according to its most recent annual report – and shows no signs of slowing down. High technology (including quantum computing), life sciences, and green energy...more

Federal Trade Commission Finalizes Order Holding Drizly, LLC and Its CEO Accountable for Data Security Failures

Snell & Wilmer on 1/25/2023

On January 9, 2023, the Federal Trade Commission (“FTC”) finalized an order with Drizly, LLC, an online marketplace for alcohol delivery services, and its Chief Executive Officer (“CEO”), James Cory Rellas over alleged...more

SEC Releases 2022 Enforcement Division Results

Dechert LLP on 12/13/2022

The Securities and Exchange Commission (“SEC”) released an annual summary, on November 15, 2022, of actions brought by the Division of Enforcement (“Division”) over fiscal year 2022 (“Enforcement Summary”), providing an...more

HIPAA Security Rule: What are “Recognized Security Practices” and why are they important?

Woods Rogers on 11/10/2022

A strong cybersecurity program can help defend against cyber attacks and protect sensitive patient data. Thanks to a 2021 amendment of the HITECH Act, when a breach occurs, it can also reduce enforcement penalties. The...more

New York Department of Financial Services Announces $5 Million Penalty in Most Recent Cybersecurity Enforcement Action

Faegre Drinker Biddle & Reath LLP on 7/11/2022

On June 23, 2022, the New York State Department of Financial Services (NYDFS) announced the entry of a Consent Order in connection with its most recent cybersecurity enforcement action, which included a $5 million monetary...more

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Cybersecurity › Penalties

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