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Class action waiver prevails: Fourth Circuit reverses certification in Marriott data breach litigation again

The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and...more

Agencies issue guidance on delayed SEC reporting of material cybersecurity incidents - SEC Update

Since December 18, 2023 public companies other than smaller reporting companies are required to report a cybersecurity incident under Item 1.05 of Form 8-K within four business days after the company determines the incident...more

SEC adopts significant new cybersecurity disclosure requirements

On July 26, the SEC adopted amendments to Regulation S-K and Exchange Act forms requiring public companies to disclose on a current basis material cybersecurity incidents and to disclose annually information regarding their...more

Automotive biometrics drive innovation and litigation risk

Over the past decade, the use of biometrics – measurements of people’s unique physical, physiological, biological, or behavioral characteristics – in smartphones, wearable technology, and employee timekeeping devices grew...more

Aerospace and Defense Insights I Critical input needed: U.S. critical infrastructure asked to engage on proposed cyber reporting...

Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in...more

Critical input needed: US critical infrastructure asked to engage on proposed cyber reporting rules

The Cybersecurity and Infrastructure Security Agency (CISA) has issued a Request for Information (RFI) and announced “public listening sessions” soliciting input in advance of formal rulemaking under the Cyber Incident...more

Data breach response liability: Jury finds defendant not negligent for response to data breach

In a first of its kind trial, a defendant accused of negligently responding to a data breach was cleared of all liability by a jury last month. After two hours of deliberation, the jury rejected plaintiff’s claim that the...more

Cyber Investigations and Privilege: Court Finds Forensic Report not Covered by Work Product Doctrine

Last week, the U.S. District Court for the Eastern District of Virginia ordered Capital One to produce a forensic investigation report in multidistrict litigation arising out of the cyber incident Capital One announced in...more

Cyber investigations and privilege: Court finds forensic report not protected

Last week, the U.S. District Court for the Eastern District of Virginia ordered Capital One to produce a forensic investigation report in multidistrict litigation arising out of the cyber incident Capital One announced in...more

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