News & Analysis as of

Due Diligence Incident Response Plans

Mitchell, Williams, Selig, Gates & Woodyard,...

Adopting Generative AI? Key Contract Considerations for Healthy Due Diligence

As generative AI continues to be a hot topic in board rooms and an unavoidable reality on the front lines of business, leaders must make informed decisions when choosing AI vendors. The integration of AI into your operations...more

Snell & Wilmer

Preparing for SEC’s New Cybersecurity Rules

Snell & Wilmer on

On July 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted final rules relating to enhanced cybersecurity disclosures, which became effective on September 5, 2023 (the “Final Rules”). Beginning in December...more

Ankura

The Cybersecurity Insurance Market: What to Expect in 2023

Ankura on

In recent years, especially through 2019 and 2020, the cyber insurance market in the U.S. has seen significant growth. Middle-market companies have been actively requesting cyber insurance policies with low rates and broad...more

Goodwin

DOJ Announces New Initiative to Use False Claims Act to Enforce Compliance with Data Privacy and Security Laws and Contract...

Goodwin on

The Department of Justice recently announced the launch of its new Civil Cyber-Fraud Initiative (the “Initiative”) which intends to use the False Claims Act to pursue “cybersecurity-related fraud by government contractors and...more

Proskauer on Privacy

SolarWinds Vendor Supply Chain Attack: A Timely Reason to Review Procedures for Risk Assessments and Vendor Contracts

Proskauer on Privacy on

As reported last week, a state-sponsored hacker may have breached multiple U.S. government networks through a widely-used software product offered by SolarWinds. The compromised product, known as Orion, helps organizations...more

Vedder Price

100 Days Until GDPR … Are You Ready?

Vedder Price on

What Is GDPR?- The EU General Data Protection Regulation (GDPR),—described as “the most important change in data privacy regulation in 20 years”—becomes enforceable by law on May 25, 2018. After four years of preparation...more

Bradley Arant Boult Cummings LLP

Understanding cyber insurance risks of target companies

Due to the dramatic increase and changing nature of cyber risks, mergers and acquisitions due diligence should expand to address cyber risks, available risk mitigation practices, and available insurance. Acquiring companies...more

The Volkov Law Group

Knowing Your Employees and Incident Management Systems

The Volkov Law Group on

Chief compliance officers know the importance of trust, not just as a foundation of a global company’s compliance program, but in the context of knowing what company employees are doing out in the field. CCOs will always say...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Emerging Need for Cybersecurity Diligence in M&A"

Cybercrime has emerged as one of the foremost threats a company faces. As a result of a few keystrokes, a company may find its customers’ data sold on the dark web, its intellectual property in the hands of a competitor or...more

Farella Braun + Martel LLP

Cybersecurity and Data Breaches: How In-House Counsel Can Engage the Board

A company's board of directors has a duty to oversee all aspects of the company's risk management efforts. This includes a duty to recognize and minimize the company's exposure to cyber attacks. In today's increasingly...more

Perkins Coie

SEC’s Increased Cybersecurity Enforcement and How to Reduce Your Risks

Perkins Coie on

The SEC announced last week that an investment adviser had agreed to settle charges that it failed to take required steps to protect against and respond effectively to a cybersecurity breach. The action comes on the heels of...more

BakerHostetler

The SEC OCIE Announces Increased Scrutiny of Broker-Dealers’ and Investment Advisers’ Cybersecurity Programs

BakerHostetler on

On September 15, 2015, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) issued a National Exam Program Risk Alert (2015 Risk Alert) to provide broker-dealers and investment...more

Burr & Forman

TN Ethics Opinion Approves Lawyers’ Cloud Storage of Client Data

Burr & Forman on

Tennessee has joined other states in formally approving lawyers’ cloud-storage of client-confidential data. The Board of Professional Responsibility (“BOPR”) held that lawyers ethically may use cloud storage for...more

Burr & Forman

OCIE to Conduct More Cybersecurity Exams

Burr & Forman on

This week the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) announced a second-round of cybersecurity examinations, continuing its initiatives on the issue. The move follows the SEC’s: March 2014 roundtable...more

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