On August 28th, Mandiant issued an update to its previous Salesloft Drift advisory. Therein, Mandiant discussed that Salesloft issued a security notification on Aug. 26 regarding its Drift application. At that time, it...more
9/2/2025
/ APIs ,
Artificial Intelligence ,
Cloud Computing ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Incident Response Plans ,
Information Technology ,
Risk Management ,
SaaS ,
Software ,
Third-Party Service Provider ,
Threat Management
Salesloft issued a security notification on August 26 regarding its Drift application. It appears to be a broad opportunistic attack on Salesloft/Drift instances integrated with Salesforce tenants. Salesloft issued updates...more
8/28/2025
/ Artificial Intelligence ,
Cloud Computing ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Incident Response Plans ,
Information Technology ,
Popular ,
Risk Management ,
SaaS ,
Salesforce ,
Software ,
Third-Party Service Provider
Effective September 1, 2025, Texas Senate Bill 140 (SB 140) materially expands the scope of the Texas Business and Commerce Code §§ 301-305 (Mini-TCPA) governing both telephone and SMS marketing. The statute requires...more
8/21/2025
/ New Legislation ,
Penalties ,
Registration Requirement ,
State and Local Government ,
Statutory Violations ,
Surety Bonds ,
TCPA ,
Telecommunications ,
Telemarketing ,
Texas ,
Text Messages ,
Unfair or Deceptive Trade Practices ,
Unsolicited Phone Calls
On May 16, 2024, the Securities and Exchange Commission (SEC) adopted sweeping amendments to Regulation S-P, which governs the privacy of nonpublic consumer personal and financial information for a broad range of financial...more
8/5/2025
/ Broker-Dealer ,
Compliance Dates ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Final Rules ,
Financial Institutions ,
Incident Response Plans ,
Investment Adviser ,
Recordkeeping Requirements ,
Regulation S-P ,
Securities and Exchange Commission (SEC) ,
Third-Party Service Provider
On July 20, 2025, Microsoft and the Cybersecurity and Infrastructure Security Agency (CISA) issued urgent warnings about new, actively exploited vulnerabilities in Microsoft SharePoint Server. These vulnerabilities, known as...more
On July 8, the Eighth U.S. Circuit Court of Appeals vacated the Federal Trade Commission’s (FTC) "click-to-cancel" rule (FTC Rule), which would have required companies to provide customers with an easy, one-click method to...more
7/17/2025
/ Automatic Renewals ,
California ,
Cancellation Rights ,
Compliance ,
Consumer Protection Laws ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Marketing ,
Regulatory Requirements ,
State Agencies ,
State and Local Government ,
Subscription Services ,
Unfair or Deceptive Trade Practices
On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more
5/23/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Colleges ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Relators ,
Reverse Discrimination ,
Risk Management ,
Students for Fair Admissions v Harvard College ,
Trump Administration ,
Universities
On April 22, 2025, the Federal Trade Commission (FTC) published final updates to the Children’s Online Privacy Protection Act Rule (COPPA Rule). The final COPPA Rule goes into effect on June 23, 2025, 60 days after its...more
On March 10, 2025, the Office of the Attorney General of California (CAAG) announced an enforcement sweep of the California Consumer Privacy Act (CCPA) focused on the location data industry. Attorney General Rob Bonta stated...more
3/14/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Geolocation ,
Location Data ,
Privacy Laws ,
State Attorneys General
On March 10, 2025, U.S. District Judge Jed S. Rakoff of the Southern District of New York issued a decision in the case of United States v. Tavberidze, finding Section 3E1.1(b) of the United States Sentencing Guidelines in...more
A new wave of sophisticated gamified job scams, often called task scams, is targeting both companies and job seekers, according to recent Federal Trade Commission (FTC) data. These scams trick people into performing simple,...more
On June 28, in a 6-3 decision of Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al., 603 U.S. ___ (2024), the Supreme Court overturned a 40-year precedent known as “Chevron deference,” which required...more
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
In November 2023, Responsible Innovation Labs (RIL), a coalition of technology industry founders and investors focused on responsible innovation, published a set of guidelines for AI development and investment titled...more
On October 30, 2023, President Joe Biden issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (Order) that addresses the responsible use of artificial intelligence (AI)...more
On October 27, 2023, the Federal Trade Commission (FTC) further tightened requirements to safeguard customers’ financial information in the hands of financial institutions, with their release of a new amendment (Amendment) to...more
10/31/2023
/ Amended Rules ,
Breach Notification Rule ,
Customer Information ,
Data Security ,
Encryption ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Mortgage Lenders ,
Non-Bank Lenders ,
Payday Loans ,
Safeguards Rule
Businesses that use and publish endorsements, reviews, or testimonials should be aware of the Federal Trade Commission’s (FTC) updated Endorsement Guides and proposed new rule banning fake reviews and testimonials. Here’s...more
7/25/2023
/ Advertising ,
Compliance ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Guidance Update ,
Marketing ,
Testimonial Statements
On May 25, 2023, Gary Gensler, Chairperson of the U.S. Securities and Exchange Commission (SEC), spoke at an Investment Company Institute leadership conference and discussed SEC proposals that address potential instability in...more
In the latest installment of Lowenstein Sandler's Cybersecurity Awareness Series, Ken Fishkin speaks with Kathleen A. McGee, partner in Lowenstein’s The Tech Group and White Collar Criminal Defense practice group; Kate...more
In response to major cyber-related attacks caused by software security flaws, such as the SolarWinds breach, the Biden administration is gearing up to crack down on software providers that distribute products with security...more
In its efforts to address cybersecurity risks, the U.S. Securities and Exchange Commission (“SEC”) continues to propose rules on cybersecurity. Most recently, on March 15, 2023, the SEC announced its proposal of three...more
On February 22, 2023, the Department of Justice (DOJ) announced a nationwide Voluntary Self-Disclosure Policy (VSD Policy), which goes into effect immediately and which is meant to strongly encourage self-disclosures. The...more
Yesterday, the Second Circuit rejected U.S. District Judge Jed S. Rakoff’s typical voir dire process and vacated a defendant’s criminal conviction, remanding the case for a new trial (United States v. Nieves, 2d Cir. Jan. 26,...more
On January 17, 2023, the Department of Justice (DOJ), Criminal Division, announced it has reassessed and strengthened its Corporate Enforcement Policy, which applies to all corporate criminal matters (including Foreign...more
On Aug. 8, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) sanctioned cryptocurrency mixer Tornado Cash for allegedly helping launder more than $7 billion worth of cryptocurrency over three years.1...more
9/29/2022
/ Cryptocurrency ,
Decentralized Finance (DeFi) ,
Declaratory Relief ,
Economic Sanctions ,
FinCEN ,
Investors ,
Money Laundering ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Statutory Authority ,
U.S. Treasury ,
Voluntary Disclosure
On September 15, 2022, the Department of Justice (“DOJ”) announced several important changes to its policies for prosecuting corporate crime. Deputy Attorney General Lisa O. Monaco, who made the announcement in a speech at...more