News & Analysis as of May 6, 2025

Public Comment

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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 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 -

What’s New – FAR Council Publishes Proposed Rules Concerning CUI and OCIs

White & Case LLP on 2/5/2025

On January 15, 2025, the Federal Acquisition Regulatory Council (FAR Council) proposed two significant rule changes that could reshape compliance obligations for government contractors: one establishing standardized...more

HHS OCR Releases Proposed Updates to HIPAA Security Rule

Paul Hastings LLP on 1/23/2025

On December 27, 2024, the U.S. Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR), announced a Notice of Proposed Rulemaking (NPRM) to amend the Security Standards for the Protection of...more

PEOs Need to Prepare for Increased Cybersecurity Requirements Thanks to Proposed HIPAA Security Rule Revisions

Fisher Phillips on 1/8/2025

With the HIPAA Security Rule set to undergo a massive overhaul to boost cybersecurity protections, PEOs need to take note. After all, as stewards of worksite employee and client company data – and as sponsors of group health...more

Proposed Updates to HIPAA Security Rule Would Require Entities to Adopt Enhanced Cybersecurity Measures

Fisher Phillips on 1/7/2025

The HIPAA Security Rule may soon undergo a big overhaul that would better defend healthcare data from cybersecurity threats – and require much more from covered entities when it comes to establishing and maintaining defenses....more

Are We There Yet? DoD Issues Final Rule Establishing CMMC Program

McDermott Will & Emery on 10/17/2024

The US Department of Defense (DoD) published a final rule codifying the Cybersecurity Maturity Model Certification (CMMC) Program. The final CMMC rule will apply to all DoD contractors and subcontractors that will process,...more

Deadline to Comment on Proposed Rules Impacting Infrastructure as a Service Providers Approaching

Foley Hoag LLP - Security, Privacy and the... on 4/4/2024

On January 29, 2024, BIS proposed a rule that would impose new requirements for U.S. providers of Infrastructure as a Service (“IaaS”) products and their foreign resellers. The proposed rule would require U.S. IaaS providers...more

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

Woods Rogers on 3/28/2024

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

Two New Cybersecurity Proposed Rules Mean Big Changes for Federal Contractors

Sheppard Mullin Richter & Hampton LLP on 10/5/2023

On October 3, 2023, the FAR Council released two long-awaited proposed rules for federal contractor cybersecurity stemming from the Biden Administration’s Cybersecurity Executive Order from May 2021 (Executive Order 14028)....more

SEC Reopening Comments After Technical Issues

Alston & Bird on 10/17/2022

The Securities and Exchange Commission has reopened comments for nearly two dozen proposed rules and other matters. Our Securities Group details the list that includes some controversial rules about cybersecurity, SPACs, and...more

A Second Chance: The SEC Reopens Comment Periods on Climate, Cyber and Other Rule Proposals in Response to Technical Glitch

Vinson & Elkins LLP on 10/11/2022

A technological error in the online comment portal on sec.gov has prevented the Securities and Exchange Commission (“SEC”) from receiving comments on twelve rule proposals (the “Affected Proposals”), according to a new SEC...more

SEC Reopens Comment Periods for Certain Rulemaking Releases

Wilson Sonsini Goodrich & Rosati on 10/11/2022

On October 7, 2022, the U.S. Securities and Exchange Commission (SEC) announced that it will reopen the public comment periods for 11 rulemaking releases and one request for comment due to a technological error that resulted...more

SEC Proposes Mandatory Cybersecurity Disclosures by Public Companies

Seyfarth Shaw LLP on 4/15/2022

Introduction - On March 9, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed mandates for cybersecurity disclosures by public companies. If adopted, these mandates seek to provide investors a deeper look...more

SEC Proposes New Rules on Cybersecurity Disclosures: Four Things to Know

Kelley Drye & Warren LLP on 3/31/2022

On March 9, the U.S. Securities and Exchange Commission (SEC) announced proposed amendments to its rules regarding cybersecurity disclosures to satisfy a growing investor need to know more about how registrants are managing...more

New York Weighs First-Ever Cybersecurity CLE Requirement

Esquire Deposition Solutions, LLC on 3/22/2022

The New York State Unified Court System recently published for public comment a proposal that would require state’s lawyers to take one hour of continuing legal education (CLE) on cybersecurity topics. The proposal, if...more

SEC Proposes Comprehensive Cybersecurity Reporting Rules for Public Companies

Kramer Levin Naftalis & Frankel LLP on 3/18/2022

On March 9, the SEC, by a 3-1 vote, proposed new rules in its most far-reaching effort to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance and incident reporting by public...more

SEC Proposes Expanded and Accelerated Cybersecurity Disclosure by Public Companies

Goodwin on 3/15/2022

As a significant step in its ongoing initiatives on the disclosure, management and oversight of cybersecurity risks and incidents, on March 9, 2022 the U.S. Securities and Exchange Commission (SEC) proposed new rules that...more

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

Goodwin on 3/4/2022

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

Stress Test Scenarios Released for 2022

Goodwin on 2/18/2022

In This Issue. The Federal Reserve Board of Governors (Federal Reserve), the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) released stress test scenarios to assess...more

SEC Proposal: New Cybersecurity Risk Management Rules for Investment Advisers and Funds

Baker Donelson on 2/17/2022

In a show of continued emphasis on cybersecurity enforcement from U.S. government agencies in the wake of the Biden Administration's Executive Order on Improving the Nation's Cybersecurity (Exec. Order No. 14028, May 12,...more

SEC Proposes New Cybersecurity Rule under the 1940 Act

Sullivan & Worcester on 2/14/2022

On February 9, 2022, the Securities and Exchange Commission ("SEC") proposed new rule 38a-2 ("Proposed Rule 38a-2") under the Investment Company Act of 1940, as amended ("1940 Act"), which would require registered investment...more

SEC Proposes Cybersecurity Risk Management Requirements for Investment Advisers and Registered Funds

Kramer Levin Naftalis & Frankel LLP on 2/14/2022

On Feb. 9, 2022, the Securities and Exchange Commission (SEC or Commission) proposed a suite of new rules and amendments concerning cybersecurity risk management for registered investment advisers (advisers) and registered...more

SEC Cybersecurity Rules Target Investment Advisers and Investment Companies

Goodwin on 2/11/2022

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

SEC Proposes Changes to Private Fund Regulation

Goodwin on 2/11/2022

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

Agencies Approve Final Rule: Computer-Security Incident Notification

Goodwin on 12/6/2021

In This Issue. The Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC) and the Board of Governors of the Federal Reserve System (together, the Agencies) issued a final rule...more

New HHS Rules Would Simplify Emergency Data Sharing Procedures

Womble Bond Dickinson on 12/23/2020

Officials at the Department of Health and Human Services (HHS) are proposing modifications to the HIPAA Privacy Rule to ease information sharing in emergencies. Some of the modifications being discussed would provide patients...more

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