Sophisticated due diligence in corporate mergers and acquisitions has long included an assessment of the cybersecurity posture and privacy protocols of the target company. But the new California Consumer Privacy Act (CCPA)...more
The recent dismissal of a Home Depot derivative action ends a string of high-profile derivative suits stemming from large-scale corporate data breaches. On November 30, the Northern District of Georgia dismissed a shareholder...more
12/7/2016
/ Breach of Duty ,
Business Judgment Rule ,
Corporate Governance ,
Cybersecurity ,
Data Breach ,
Derivative Suit ,
Dismissals ,
Home Depot ,
Internal Controls ,
Popular ,
Proxy Statements ,
Shareholders
SEC Chicago Regional Director David Glockner spoke at a PLI Conference in New York on June 6 regarding the SEC’s data security regulations and enforcement efforts. Mr. Glockner acknowledged frustration with the Division of...more
6/30/2016
/ Corporate Issuers ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Financial Markets ,
Investors ,
Morgan Stanley ,
Non-Public Information ,
Personally Identifiable Information ,
Popular ,
Publicly-Traded Companies ,
Regulation S-P ,
Safeguards Rule ,
Securities and Exchange Commission (SEC)
Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor...more
Shortly after the massive 2013 Target data breach, shareholders filed four derivative lawsuits against the company’s directors and some of its officers (13 CARE 624, 3/20/15). The shareholders alleged that the defendants had...more
8/17/2015
/ Caremark claim ,
Corporate Counsel ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Derivative Suit ,
Derivatives ,
Fiduciary Duty ,
Hackers ,
Home Depot ,
Information Security ,
Popular ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Target ,
Wyndham ,
Young Lawyers