On Oct. 22, 2024, the Securities and Exchange Commission (SEC) announced settled charges against four current and former public companies, Unisys, Avaya Holdings, Check Point Software Technologies and Mimecast, for allegedly...more
On March 9, 2022, the U.S. Securities and Exchange Commission (SEC) released proposed rules regarding public companies’ reporting of (i) cybersecurity incidents, (ii) policies and procedures for identifying and managing...more
On July 8, 2022, the U.S. Department of Justice announced a $9 million settlement with federal government contractor Aerojet Rocketdyne, Inc. for alleged violations of the False Claims Act (FCA) in a case pending in the...more
On March 9, 2022, the U.S. Securities and Exchange Commission (SEC) proposed a number of new rules to enhance public companies’ reporting of (i) cybersecurity incidents, (ii) their policies and procedures for identifying and...more
3/17/2022
/ Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
Form 8-K ,
Policies and Procedures ,
Popular ,
Proposed Rules ,
Publicly-Traded Companies ,
Regulation S-K ,
Risk Management ,
Securities and Exchange Commission (SEC)
On October 6, 2021, the Department of Justice (DOJ) announced a new Civil Fraud Cyber Initiative to “combine the department’s expertise in civil fraud enforcement, government procurement and cybersecurity to combat new and...more
On May 12, 2021, President Biden signed an executive order (EO) mandating that the federal government significantly improve cybersecurity within its networks and modernize federal cyber defenses. The EO acknowledges that the...more
Data privacy is a top concern for many in-house legal professionals – and for good reason – data privacy and cybersecurity legal requirements are complex and continually evolving. Data Privacy Day is a great day to start...more
The global coronavirus pandemic continues on, and the cyberattacks and scams continue to multiply. In the midst of the pandemic, hackers are capitalizing on fears surrounding the outbreak by crafting COVID-19-themed attacks...more
Last week, as previously reported, the U.S. Securities and Exchange Commission (SEC) unanimously voted to approve additional guidance for reporting cybersecurity risks. The release of this guidance underscores the SEC’s...more
U.S. Department of Defense (DoD) contractors face new cybersecurity compliance requirements, including a significant deadline set for December 31, 2017.
Most DoD contracts now include clauses imposing obligations on...more
On September 7, Equifax, one of the three major credit reporting firms in the U.S., disclosed a data breach that potentially affects 143 million consumers. Equifax’s disclosure indicated that the breach, which Equifax claims...more
July 1, 2017 The impact from the recent Petya/NotPetya ransomware attack — or what was reported as a ransomware attack but now appears to be something even more damaging — continues to spread around the globe, with several...more
On Friday, May 12, 2017, a massive ransomware attack swept across the globe. As of the date of this post, the attack reportedly had infected more than 100,000 organizations in 150 countries. The attack continues to propagate...more
Our Data Privacy and Security team is currently assisting multiple clients in responding to nearly identical fraudulent requests for IRS Form W-2 information. Significantly, these clients are in a number of industries and are...more
Throughout the past several years, data privacy and security practices have evolved into more than just defending against identity theft and protecting sensitive data. In fact, since 2014, to help raise awareness for data...more
1/31/2017
/ Acquisitions ,
Big Data ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Department of Financial Services ,
EU ,
EU-US Privacy Shield ,
FFIEC ,
General Data Protection Regulation (GDPR) ,
Gramm-Leach-Blilely Act ,
International Data Transfers ,
Mergers ,
NIST ,
OCIE ,
Popular ,
Ransomware ,
Spokeo v Robins
Draft Kings and Fan Duel, competing daily fantasy sports (DFS) sites, have been vying for attention by flooding the airwaves with a reported 60,000 commercials this year. However, a recent data leak has resulted in less...more
10/13/2015
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Class Action ,
Conspiracies ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Act ,
Contract Terms ,
Data Breach ,
Data Protection ,
Data Security ,
ESPN ,
False Advertising ,
Fantasy Sports ,
Federal Arbitration Act ,
Fraud ,
Negligence ,
Popular ,
Proprietary Information ,
Sports ,
Television Commercials ,
Terms of Use ,
Young Lawyers
It’s 12:43 in the morning, and you have had a tough day at work. You are tired, thinking slowly, and feeling a little anxious that you should already be in bed to catch some rest before a 6 a.m. wake-up call. And then you get...more
10/5/2015
/ Data Collection ,
Defamation ,
Facebook ,
First Amendment ,
Harassment ,
Mobile Apps ,
Online Reputation ,
Online Reviews ,
Popular ,
Privacy Concerns ,
Stalking ,
Text Messages
As the old Bob Dylan song goes, “the times they are a-changin’.” While I suspect his message may have been intended for a more meaningful topic than social media employee privacy laws, his words do ring true. When Maryland...more
There once existed a time when a crew of skydiving surfers could throw on surprisingly well crafted ex-president masks, stroll into a cash-heavy bank and rob the institution blind. There was a time when the weapon of choice...more
The EU and U.S. reached an agreement on Tuesday (9 September) which will enable the two sides to exchange personal data during criminal and terrorism investigations....more
9/15/2015
/ Criminal Investigations ,
Data-Sharing ,
EU ,
European Commission ,
Government Investigations ,
Industrial Espionage ,
Judicial Redress Act ,
Legislative Agendas ,
National Security ,
National Security Agency (NSA) ,
Popular ,
Privacy Laws ,
Right to Privacy ,
Surveillance ,
U.S. Commerce Department ,
Umbrella Agreement
Does a data breach of a retailer’s payment-card information automatically confer Article III standing on affected customers? Is the mere possibility that some criminal element may use pilfered information to commit future...more
8/24/2015
/ Appeals ,
Article III ,
Clapper v. Amnesty International ,
Class Action ,
Credit Monitoring ,
Data Breach ,
En Banc Review ,
Imminent Harm ,
Neiman Marcus ,
Popular ,
Retailers ,
Standing
Last winter, following a well-publicized data breach, a group of financial institutions sued Target, arguing that Target should be held responsible for the damages that they had experienced as a result of the data breach...more
On October 1, 2015, a substantial portion of the liability associated with in-store fraudulent credit card purchases will shift from credit card issuers, such as banks or credit unions, to retail merchants. Credit card...more
Last week, in conjunction with the Criminal Division’s Cybersecurity Industry Roundtable, the U.S. Department of Justice released its “Best Practices” guide for preparing for and responding to a cyber incident....more
By some estimates, cybercrime costs the global economy $445 billion annually. If cybercrime were a single country, this dollar amount would place it within the world’s top 30 countries in terms of gross domestic product, and...more
4/16/2015
/ Contract Negotiations ,
Cross-Border Transactions ,
Cyber Crimes ,
Cybersecurity ,
Due Diligence ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Integration ,
PHI ,
Popular ,
Security and Privacy Controls