News & Analysis as of May 5, 2025

Compliance

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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 -

Deadline Approaching: Covered Entities Must File Certifications of Compliance With Amended NYDFS Cyber Regulation by April 15

Davis Wright Tremaine LLP on 4/10/2025

In November 2023, the New York Department of Financial Services (NYDFS) issued its second amendment to its "Cybersecurity Requirements for Financial Services Companies (the Cybersecurity Regulation or Part 500). This was the...more

Preserving and Protecting the Integrity of American Elections (Trump EO Tracker)

Akin Gump Strauss Hauer & Feld LLP on 3/26/2025

Enforce the Federal prohibition on foreign nationals voting in Federal elections. Requires documentary proof of United States citizenship and for verification from a State or local official for national mail voter...more

EDGAR Next: What Filers Need to Know and How They Can Prepare

Dechert LLP on 3/12/2025

The Securities and Exchange Commission officially adopted the “EDGAR Next” changes to its Electronic Data Gathering, Analysis, and Retrieval system (“EDGAR”) on September 27, 2024. These changes to the EDGAR filing system...more

New DOJ Restrictions on Cross-Border Data Transactions Take Effect April 8: Ten Questions as Your Business Prepares to Comply

Wiley Rein LLP on 3/6/2025

The U.S. Department of Justice’s (DOJ) sweeping new rule on cross-border data transactions is set to take effect in substantial part next month, with broad implications for companies that transfer U.S. personal data or...more

EDGAR Next: The Next Era in Filing

K&L Gates LLP on 2/28/2025

Introduction - On 27 September 2024, the Securities and Exchange Commission (SEC) adopted “EDGAR Next,” a collection of rule and form amendments intended to improve access to, and management of, accounts on the SEC’s filing...more

FAR Proposed Controlled Unclassified Information Rule: A Path Toward Standardization

Cozen O'Connor on 2/21/2025

On January 15, 2025, the FAR Council finally released a proposed rule (the Rule)1 regulating the use and handling of controlled unclassified information (CUI) as a part of the general strategy to reduce threats of...more

Deadline to Comment on TSA Proposed Rule on Enhancing Cyber Risk Management for Surface Transportation Sectors

Vinson & Elkins LLP on 2/4/2025

On November 7, 2024, the Transportation Security Administration (the “TSA”) published a Notice of Proposed Rulemaking (the “Proposed Rule”) that would mandate cyber risk management (“CRM”) and reporting requirements for...more

Capital Markets & Governance Insights - January 2025

Ropes & Gray LLP on 1/30/2025

Companies should not minimize the extent of a material cybersecurity incident by omitting material facts regarding the scope and potential impact of the incident. Cybersecurity risk factor disclosures should be tailored to a...more

FY2025 NDAA: Significant Impacts on Small and Large Defense Contractors

PilieroMazza PLLC on 1/22/2025

The Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (FY2025 NDAA), signed into law on December 23, 2024, has significant implications for defense acquisition and...more

NIS2: What It Means for Businesses in APAC

Ankura on 1/21/2025

NIS2 (Network and Information Systems Directive 2) is the updated version of the NIS Directive, which the EU first introduced in 2016. The original NIS Directive aimed to enhance cybersecurity across member states by...more

DORA: New EU Cybersecurity Requirements for the Financial Sector Enter into Force

Wilson Sonsini Goodrich & Rosati on 1/20/2025

Starting January 17, 2025, the Digital Operational Resilience Act (DORA) will require financial entities and their critical information and communication technology (ICT) service providers to comply with enhanced...more

Businesses Have 30 Days to Report a Security Breach of New Yorker’s Private Information

Tarter Krinsky & Drogin LLP on 1/17/2025

New York State Governor Hochul recently gave us a “pre” New Year’s gift: effective on December 21, 2024, any individuals or businesses possessing the “private information” of New Yorkers must notify them, and certain state...more

Navigating DORA: Key compliance steps from 17 January 2025

Walkers on 1/17/2025

DORA is now applicable, imposing requirements in respect of ICT risk management and digital operational resilience. Firms should be preparing their register of information ready for sharing with the CBI in April....more

New Regulatory Framework for Virtual Asset Custodians and Trading Platforms in the Cayman Islands

Conyers on 1/13/2025

The Cayman Islands Monetary Authority (“CIMA”) has issued a new Rule and Statement of Guidance on the obligations for the provision of virtual asset services – Virtual Asset Custodians and Trading Platforms (the “Rule”). With...more

Investments in Chinese Technology Companies Limited by New US Outbound Investment Rule

Fox Rothschild LLP on 1/13/2025

U.S. investors interested in investing in advanced Chinese technology companies may now be constrained by the U.S. Government’s first-ever outbound investment rule (Final Rule) which took effect on Jan. 2, 2025. The Final...more

Governmental Practice Cybersecurity and Data Protection: 2024 Recap & 2025 Forecast Alert

Sheppard Mullin Richter & Hampton LLP on 1/8/2025

To kick off the New Year (and as is now tradition, since we put out a similar Recap & Forecast last year), Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2024...more

DOJ Issues Final Rule Restricting Foreign Access to U.S. Data

King & Spalding on 1/8/2025

The rule imposes substantial new diligence, reporting, cybersecurity, and auditing obligations on companies. On December 27, 2024, the U.S. Department of Justice (“DOJ”) issued a final rule implementing Executive Order...more

D-Day for the EU Cyber Resilience Act

Alston & Bird on 12/12/2024

Our Privacy, Cyber & Data Strategy Team discusses the new Cyber Resilience Act (CRA) that affects manufacturers and distributors of connected devices that are in use anywhere in the European Union....more

Post-Breach Data Review: 5 Reasons Why You Should Not Go at It Alone

Integreon on 12/9/2024

After a data breach, organizations need to understand the scope of the incident in order to quickly resolve it and ensure they are able to meet notification requirements. The urgency often leads to the misguided belief that...more

NY Department of Health Bolsters Hospital Cybersecurity Regulations

Holland & Knight LLP on 11/22/2024

New York hospitals have less than a year to dust off their Health Insurance Portability and Accountability Act (HIPAA) compliance programs and update them to comply with more stringent and detailed state regulations. Last...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

Recent Developments for Directors - November 2024

Latham & Watkins LLP on 11/13/2024

SEC Penalizes Director for Misleading D&O Questionnaire Response - The SEC recently brought an enforcement action against a director for causing violations of the proxy rules by failing to disclose a close personal...more

Navigating the EU’s “NIS 2” Directive: Key Cybersecurity Compliance Points for Businesses Operating in the EU to Consider

Pillsbury Winthrop Shaw Pittman LLP on 11/5/2024

The NIS 2 Directive requires a wide range of in-scope organizations to adopt robust cybersecurity measures and incident response plans....more

The SEC’s cybersecurity and disclosure rules: The questions compliance pros still have

Society of Corporate Compliance and Ethics... on 11/1/2024

The U.S. Securities and Exchange Commission (SEC) Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure rules officially went into effect in December 2023. Aimed at improving cybersecurity risk...more

Key Considerations for Selling AI Software to the Government

Harris Beach Murtha PLLC on 10/11/2024

The federal government is the biggest purchaser in America and that extends to the SaaS space. On September 24, 2024, the Office of Management and Budget (OMB) released Memorandum M-24-18, offering updated guidelines for the...more

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