DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
Business Associates Here, There, and Everywhere: When Does Your Service Provider Really Need to Sign a HIPAA Business Associate Agreement?
In House Counsel: How To Measure the Effectiveness of Your Staffing Strategy
Sitting with the C-Suite: Identifying Opportunities to Leverage Human Capital
The CCPA for the Land Title Industry: Service Providers and Sale of Data Under the CCPA
Podcast - Risk Management: Troubleshooting & Problem Solving
Cybersecurity in the investment management industry
FCPA Compliance and Ethics Report-Episode 157-Training of Third Parties Under the FCPA
Special Report: The Hot-ish Swag at LegalTech New York 2015
As part of Data Privacy Awareness Week, Ward and Smith is spotlighting the most common types of data breaches that businesses encounter. In Part 1, we explored the industries most vulnerable to cyberattacks, highlighting the...more
As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel...more
It is no secret that ransomware dominates headlines, and cybersecurity incidents have become part of our everyday language. However, the criminal “business model” behind ransomware keeps evolving. Originally published in...more
Every spring, BakerHostetler collects, analyzes, and compares key metrics on the incident response matters we handled in the prior year. The output – our Data Security Incident Response (DSIR) Report – highlights key findings...more
The cost of a cybersecurity breach can range from hundreds of thousands of dollars for middle-market businesses to millions for larger organizations. To protect your company from evolving threats and potential cyber attacks,...more
The Federal Trade Commission will have its eye on privacy and data security enforcement in 2023. In August, the agency announced that it is exploring ways to crack down on lax data security practices. In the announcement,...more
Keypoint: Starting in 2023, organizations that are subject to one or more of the laws will need to enter into contracts with recipients of personal information/data that address numerous statutory requirements....more
In a blog post entitled “New activity from Russian actor Nobelium,” Microsoft’s V.P. of Customer Security & Trust Tom Burt discussed a recent alert issued by the Microsoft Threat Intelligence Center (MSTIC) regarding the...more
The New Jersey Attorney General’s Office announced on October 12 that Diamond Institute for Infertility and Menopause, LLC, based in Millburn, NJ, will pay a $495,000 penalty for allegedly violating HIPAA and state law by...more
PCS Revenue Control Systems, Inc. (PCS) was hit with a proposed class action lawsuit last week alleging that it discovered a data breach from a hacking attack in December 2019 but failed to notify the affected students until...more
Modern business requires the engagement of professional services providers, such as IT services, marketing, software, data hosting, or other needed services. Far too often, though, the agreements governing these relationships...more
On October 21, 2020, the Standing Committee of the National People’s Congress (NPC) of the People’s Republic of China (PRC) released the draft PIP Law for public comment. With the big data industry rapidly growing in China...more
As one of the largest information technology service providers to local governments, the cyber-attack on Tyler Technologies (Tyler) in Plano, Texas is a sobering reminder of how a cyber-attack on a third-party vendor can put...more
Data breaches are a hot topic and will undoubtedly get even hotter. Cybersecurity for your own enterprise isn’t enough — you must evaluate your vendors and determine if they’re prepared to resist cyberattacks. ...more
The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more
Shook Weighs in on Updated CCPA Regulations - In response to extensive public comment, the California Attorney General’s office released modified draft regulations under the CCPA on February 7. Shook has provided initial...more
The Office of the Privacy Commissioner of Canada (OPC)'s report, Personal Information Protection and Electronic Documents Act (PIPEDA) Report of Findings #2019-001, issued April 9, 2019, into the Equifax hack, created...more
On September 13, the final day of its legislative session, the California Legislature approved five amendments to the California Consumer Privacy Act (CCPA), the state’s sweeping new privacy law that takes effect on January...more
We all know that businesses rely on a large number of third-party vendors to support their business operations. Many of these third parties require access to a company’s data and its internal information and technology...more
In an unusual move, Delta Airlines (Delta) sued one of its vendors last week for the data breach it experienced in 2017. It’s an unusual move for several reasons. First, in our experience when a vendor causes a data breach,...more
Ohio recently followed South Carolina as the second state to adopt cybersecurity legislation modeled after the NAIC’s Insurance Data Security Model Law. The Ohio law, Senate Bill 273, applies to insurers authorized to do...more
A Florida staffing agency which provides physicians to hospitals and nursing homes, has agreed to a $500,000 settlement with the U.S. Department of Health and Human Services, Office for Civil Rights. The settlement comes...more
Data breaches continue to be an unfortunate risk that companies face with increasing frequency. In this podcast, Rebecca Bennett, Stephen Riga, and Justin Tarka discuss data breaches from both a U.S. and EU perspective,...more
After several years of cyberattacks, you may be lulled into thinking large, sophisticated companies have now employed adequate safeguards to prevent disclosure of your confidential information. Don’t be so sure. Earlier this...more
Banks and other financial institutions rely on a relatively small number of core service providers to process customer personal and financial information. The National Association of Federally-Insured Credit Unions (NAFCU)...more