News & Analysis as of

Software Disclosure Requirements

Robinson+Cole Data Privacy + Security Insider

AppLovin & Its AI: A Lesson in Accuracy

Last week, we explored a recent data breach class action and the litigation risk of such lawsuits. Companies need to be aware of litigation risk not only arising from data breaches, but also from shareholder class actions...more

Sheppard Mullin Richter & Hampton LLP

DoD Issues Proposed Rule for New Disclosures on Foreign Review of Computer Code

On November 15, 2024, the Department of Defense (“DoD”) issued a long-awaited Proposed Rule to implement Section 1655 of the National Defense Authorization Act for Fiscal Year 2019. Section 1655 prohibits DoD from...more

Wiley Rein LLP

Updates on Cybersecurity Requirements for Government Contractors

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Part of the Biden Administration’s push to enhance U.S. cybersecurity capabilities has focused on imposing new requirements on government contractors. The 2023 National Cybersecurity Strategy suggested, for example, that...more

Wiley Rein LLP

DOD Seeks Contractor Disclosures of Foreign Access to Software Source Code

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WHAT: The U.S. Department of Defense (DOD) issued a proposed rule to implement Section 1655(a) and (c) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). The proposed rule would...more

Proskauer - Regulatory & Compliance

U.S. Department of the Treasury issues final regulations implementing Executive Order 14105 Targeting Tech Investment in China

On October 28, 2024, the U.S. Department of the Treasury (Treasury) issued final regulations (“Final Rule”) implementing Executive Order 14105, which addresses investments by U.S. persons in certain identified technologies in...more

Holland & Knight LLP

Undeterred by the SolarWinds Storm: SEC Charges Victims of Compromised Software

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The SEC on Oct. 22, 2024, announced charges against four companies for allegedly making materially misleading disclosures concerning the impact of cybersecurity incidents associated with the compromised SolarWinds' Orion...more

Holland & Knight LLP

Novel Settlement Reached in Generative AI Deceptive Trade Practices Healthcare Investigation

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The state of Texas, by and through its Attorney General Ken Paxton, reached a first-of-its-kind settlement agreement with Pieces Technologies Inc. (Pieces) following an investigation into Pieces' alleged violations of the...more

Fenwick & West LLP

The CrowdStrike Ripple Effect: Ongoing Reporting Implications for Public Companies

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Companies impacted by CrowdStrike’s defective software update should consider the following long-term reporting implications...more

Lerman Senter PLLC

FCC Launches U.S. Cyber Trust Mark Program

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The Federal Communications Commission has created a voluntary cybersecurity labeling program, also known as the “U.S. Cyber Trust Mark program,” for wireless consumer Internet of Things (IoT) products. The FCC is seeking...more

White & Case LLP

The SEC’s Charges Against SolarWinds and its Chief Information Security Officer Provide Important Cybersecurity Lessons for Public...

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On October 30, 2023, the US Securities and Exchange Commission ("SEC") announced that it filed charges against SolarWinds Corp. ("SolarWinds" or the "Company") and its Chief Information Security Officer ("CISO") in connection...more

Mintz

The US Securities & Exchange Commission Targets AI on Multiple Fronts: AI Sweep Examination

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My last note touched on a recent SEC rule proposal regarding Predictive Data Analytics, and a speech by Chair Gary Gensler highlighting a number of AI-related concerns. The SEC’s interest in the use of AI does not appear...more

ArentFox Schiff

ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

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Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and...more

Reveal

Information Governance 101: Everything You Need to Know To Get Started in 2023

Reveal on

Information governance (IG) plays an increasingly significant role of the way corporations do business. But what do organizations do with all their data? Where do they store it—and is it secure, well organized, and...more

Sheppard Mullin Richter & Hampton LLP

FTC Action Alleging Dark Patterns Forces Software Company to Pay Damages and Adopt New Practices

On November 3, the FTC and a software company operating internet-based telephone services filed an agreed upon proposed court order, which includes a $100 million fine, following an FTC suit alleging that the software company...more

NAVEX

The Rise of ESG Risk and Compliance

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Environmental, social and governance (ESG) is frequently covered in the news – especially given the growing attention paid by investors and stakeholders to how businesses operate. More and more, investors use ESG reports to...more

Jenner & Block

Understanding and Litigating Trade Secrets: An Outline for Analyzing the Statutory and Common Law of Trade Secrets In Illinois

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Since the first edition of this outline was published in 2009 and the second and third editions were published in 2014 and 2017, Illinois case law addressing the protection of confidential and trade secret information has...more

Harris Beach Murtha PLLC

New York Board of Regents Approves Part 121 Regulations Required by Education Law § 2-d

January 14, 2020, the Board of Regents formally adopted Part 121 to the Commissioner’s Regulations to implement Education Law § 2-d. The regulation will become effective January 29, 2020. This regulation primarily addresses...more

Association of Certified E-Discovery...

Weekly Trends Report – 1/23/2019 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more

Wilson Sonsini Goodrich & Rosati

FTC Grants Sears’ Petition to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) recently granted a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the scope of...more

Hogan Lovells

Hogan Lovells Represents Sears in Achieving First-Ever Modification to FTC Privacy Consent Order

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The FTC has approved the first-ever petition to reopen and modify a privacy-related consent order. The petition, filed by Sears Holdings Management Corporation, sought to amend the terms of Sears’ 2009 consent order (the...more

Ballard Spahr LLP

Director Cordray sends warning to vendors on TRID rule compliance

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In remarks yesterday at the Mortgage Bankers Association’s annual convention, CFPB Director Richard Cordray stated that the CFPB may need to look more closely at vendors of software and other tools used by lenders to comply...more

Robins Kaplan LLP

Trade Secrets, Security, and Cloud Computing: Best Practices Now

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As businesses increasingly store and access confidential information in the cloud, questions arise as to how to safeguard a company’s private data once it becomes part of an external computing network. Standards for...more

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