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 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
Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more
A major amendment to the New York State Department of Financial Services' cybersecurity regulations establishes affirmative cybersecurity oversight duties and requires companies to report extortion payments to the agency....more
The UK government confirmed on 30 November 2022 that there will be changes to the UK’s cybersecurity regulations in response to a public consultation launched earlier this year. This follows recent updates relating to the...more
The global cyber threat landscape is rapidly evolving. The number of attacks, threat vectors, and endpoints continues to grow exponentially alongside the average time to detect and respond to a security incident. Today,...more
Cybersecurity is a growing concern for all nonprofit organizations, especially those that store, process, and transmit sensitive data. While it is common to think of the cyber issue as relevant to digital communications and...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
The Department of Labor (DOL) recently issued new guidance on best practices for maintaining cybersecurity in connection with ERISA plans (the Guidance). The Guidance, which is intended for sponsors, fiduciaries, record...more
The Virginia Consumer Data Protection Act (CDPA) overwhelmingly passed both legislative chambers this month and is expected to be signed by the Governor in the coming weeks with an effective date of January 1, 2023. Best...more
In light of a new DOL audit initiative and increasing cybersecurity threats to ERISA benefit plans, ERISA plan sponsors and fiduciaries should be prepared to answer some important questions: Do the cybersecurity programs of...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
Employers’ engagement and use of various types of vendors has expanded recently, to include vendors who assist with office re-entry screening and contact tracing as employees return to work during the COVID-19 pandemic. ...more
Developing Contingency Plans: The NYDFS Mandate on Licensed Virtual Currency Businesses - The events surrounding COVID-19 have increased the use of fintech products, both out of necessity and convenience. Shelter-in-place...more
The NYDFS has announced that it has extended the deadline for compliance with certain cybersecurity requirements due to the coronavirus emergency. The announcement from the Superintendent of Financial Services of the State...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
Call for input: Industry needs to engage as the FCA moves forward on its transformative vision for open finance. Imagine a world in which you could access your bank accounts, credit cards, mortgage, pensions, savings...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
On May 23, 2019, the United States Securities and Exchange Commission (“SEC”)’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert entitled “Safeguarding Customer Records and Information in Network...more
March is now here and with it the Cybersecurity Regulation of the New York Department of Financial Services (NYDFS) is now in full force and effect, including requirements relating to Third Party Service Providers (e.g.,...more
The February 15, 2019 NYDFS compliance certification deadline represents the last annual compliance certification subject to the transition period for covered entities to come into compliance with the cybersecurity...more
Data privacy and security can feel overwhelming for a company’s executive management. Unfortunately, that overwhelming feeling can prevent constructive dialogue and action toward improving a company’s cybersecurity program....more
Most companies today use some form of cloud computing whether through software-as-a-service, platform-as-a-service, or infrastructure-as-a-service. Cloud computing’s cost-effective scalability can offer significant advantages...more