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The Briefing by the IP Law Blog: SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP
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The SECURE Act: Significant Changes for Retirement Plans and IRAs
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On June 20, 2025, Texas Governor Greg Abbott signed SB 2610 into law, joining a growing number of states that aim to incentivize sound cybersecurity practices through legislative safe harbors. Modeled on laws in states like...more
Tennessee has joined a handful of other states to provide certain safe harbors in the cybersecurity realm. Unlike others, the law sites beside -but does not modify- the states’ data breach notification law. Also unlike...more
The Florida legislature passed a bill that provides immunity to companies that suffer a data breach. The immunity is conditioned on the company: (1) complying with the notice requirements of Florida’s data breach notification...more
In this episode of On Record PR, Gina Rubel goes on record with Aihong Yu, Chief Privacy Counsel of CDK Global, to discuss how embracing privacy and security measures…...more
A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures...more
Cybersecurity and data privacy risks continue to loom large with potentially significant consequences. Litigation, often filed soon after incidents, adds to the possible repercussions. In our previous article, we discussed a...more
Iowa recently became the fifth state to offer businesses a safe harbor if they have a written cybersecurity program. Others are Connecticut (October 1, 2021), Ohio (effective November 2, 2018), Oregon (effective January 1,...more
If your business transfers data from the European Union to the United States, you’ve likely been keeping an eye on the EU-U.S. Data Privacy Framework (EU-U.S. DPF) for the past several years. The long-awaited adequacy...more
Every organization with an online presence needs to continuously think about its cybersecurity. The number of cyberattacks spiked significantly during the COVID-19 pandemic with an estimated global loss of nearly $1 trillion....more
On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effect—the latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for...more
Connecticut’s new cybersecurity standards law, which goes into effect on October 1, 2021, protects companies from punitive damages in certain data breach actions where an organization has a cybersecurity program that conforms...more
Selected Developments in U.S. Law - NYDFS Issues Report on the SolarWinds Attack and Covered Entities’ Responses Following the SolarWinds cyber espionage attack and the resulting focus on supply chain risk, the New York...more
Only four months in and 2021 has already been a big year for state cybersecurity safe harbor legislation. Two states, Utah and Connecticut, have recently enacted or introduced a breach litigation safe harbor to incentivize...more
Utah has become the second state to establish a legal safe harbor for private-sector entities that follow certain cybersecurity best practices. On March 11, 2021, Utah’s Governor Spencer Cox signed into law the Cybersecurity...more
Utah recently amended its breach notice law to provide certain defenses to companies who suffer a data breach. It is now the second state, after Ohio, to include such provisions. Specifically, entities that create and...more
We previously reported that the Connecticut Insurance Department had issued Bulletin IC-42 to all licensees, providing guidance for compliance with the State's Insurance Data Security Law (the Act). However, in light of the...more
“[P]rivacy legislation should have some kind of safe harbor provision in it so that companies understand that if they take certain steps, what they are doing is consistent with the law.” Karen Zacharia, Chief Privacy Officer...more
On January 30, Rep. Kathy Castor (D-FL) introduced H.R. 5703, the Protecting the Information of our Vulnerable Children and Youth Act (Kids PRIVCY Act) that would expand requirements under the Children’s Online Privacy...more
On October 7, the Federal Trade Commission (FTC or the “Commission”) brought together privacy and technology stakeholders for a public workshop aimed at informing updates to regulations promulgated under the Children’s Online...more
On October 9, 2019, the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) simultaneously released a set of proposed rules (the “Proposed Rules”) that, among other...more
WHAT YOU NEED TO KNOW: Ohio is taking a unique approach to addressing data breaches by offering businesses meeting certain requirements with a safe harbor against lawsuits following a data breach. Specifically, the act...more
The 2018 California Consumer Privacy Act (CCPA) requires the California Attorney General’s Office (AGO) to promulgate regulations related to the CCPA by July 1, 2020. The AGO is holding a series of public forums and accepting...more
Click Here for PDF A first-of-its-kind data security law, the recently enacted Ohio Data Protection Act may signal the beginning of a new trend in the legal approach to corporate cybersecurity obligations. At the same time,...more
On November, 2, 2018, Ohio’s recently passed Data Protection Act (Act) officially became law. The Act provides a possible affirmative defense to businesses in lawsuits where the plaintiff alleges a tort based on a business’...more
On November 2, 2018, Ohio’s new “cybersecurity safe harbor” law took effect, and the law gives Ohio businesses a strong new reason to proactively address data security. Data breaches are an ever-growing threat to businesses...more