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Welcome to Regulatory Matters [Audio]

Welcome to Regulatory Matters, a podcast devoted to covering the ever-changing regulatory landscape affecting business today. Hosted by a group of women partners from Lowenstein Sandler who collectively cover much of this...more

3/24/2022  /  Regulatory Requirements

SEC Proposes New Rules Related to Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure By Public Companies

Requirements under the proposed rules would include the disclosure of: •Material cybersecurity incidents within four business days of the determination that a material cybersecurity incident has occurred in a Form 8-K-...more

The FTC Actively Enforcing Truthful Review and Endorsement Practices

Third-Party Review Services are a Focus- On January 25, the Federal Trade Commission announced that Fashion Nova LLC will be prohibited from suppressing customer reviews of its products and required to pay $4.2 million to...more

The Flaw in Log4j and How It Can Impact Your Business [Video]

A major vulnerability (known as Log4j or Logshell) within Java-based applications is impacting millions of applications around the world. This issue affects most industries and is very dangerous if applications are not...more

Takeaways From Recent Claims Against Mark Zuckerberg and Facebook – Mitigating the Heightened Risk of Privacy Suits Against... [Audio]

As recent claims against Facebook CEO Mark Zuckerberg in relation to the Cambridge Analytica data-mining scandal continue to develop, Lynda, joined by Lowenstein attorneys Kathleen McGee, Partner in the firm’s White Collar...more

How to Protect your Organization From a Cybersecurity Attack [Video]

In this first session in our Cybersecurity Awareness Series, discover how to implement the “ounce of prevention, pound of cure” approach–specifically, what your organization can do to create a cybersecurity plan and...more

Phishing: Cybersecurity’s Biggest Threat [Video]

Not every cybersecurity threat is ransomware. Phishing is cybersecurity’s biggest threat. It’s one of the most common ways hackers can “get into” your organization, and it can result in much more than identity theft. In the...more

How to Prepare for a Cybersecurity Breach [Video]

In the second session in our Cybersecurity Awareness Series, learn the ins and outs of preparing your organization’s staff for a potentially damaging situation–whether created by accident or by a malicious outsider–by running...more

Maintaining Privilege For Corporate Executives’ Communications With Company Counsel: Lessons Learned From Elizabeth Holmes’ Trial

A recent court decision serves as an important reminder that attorney-client privilege may not apply to communications between an executive and a company’s counsel during the course of an investigation unless individual...more

Supreme Court Grants Certiorari In Web Scraping Case hiQ v. LinkedIn

On June 14, the United States Supreme Court issued a summary disposition in hiQ Labs, Inc. v. LinkedIn Corp. granting certiorari, vacating the Ninth Circuit’s previous judgment, and remanding the case for additional...more

SCOTUS Decision Significantly Impacts Data Operations For U.S. Businesses

The U.S. Supreme Court issued a decision Van Buren v. United States on June 3, 2021 that has broad implications for technology companies writ large. With its decision, the Court has restricted the scope and application of the...more

Colonial Pipeline Ransomware Event Highlights Need For Crisis Management Plan

The recent Colonial Pipeline ransomware event provides a strong incentive for organizations to evaluate their resiliency to cyberattacks. With ransomware being the No. 1 concern for many Security Officers surveyed in a recent...more

FTC Publishes Blog Outlining Corporate Board Guidance For Data Security

Yesterday, the Federal Trade Commission (FTC) published data security guidance on their business blog that should be taken seriously by any corporate board. The article, “Corporate Boards: Don’t Underestimate Your Role in...more

States’ Safe Harbor Defense For Data Security Breaches Signals Possible Trend

We are now seeing a potential trend where states are incentivizing companies through the creation of safe harbors to improve their cybersecurity posture, instead of penalizing them after a breach of personal information. Utah...more

New York Whistleblower Suit Results In $105 Million From Hedge Fund Manager Who Evaded Taxes

On Tuesday, March 2, 2021, New York State Attorney General Letitia James and New York City Corporation Counsel James E. Johnson released a statement announcing their recovery of a $105 million settlement from a hedge fund...more

Recent Decision Highlights Considerations For Asserting Privilege In The Wake Of A Cyberattack

“Malicious cyberattacks have unfortunately become a routine part of our modern digital world.” Wengui v. Clark Hill, PLC, Civil Action No. 19-3195, slip op. at 1 (D.D.C. Jan 12. 2021). When a data breach occurs, in-house...more

Rising Supply Chain Risk Requires Proactive Management

As the roughly 18,000 organizations, government agencies and educational institutions continue to recover from last year’s SolarWinds nation-state attack, one of the biggest takeaways from this event is that organizations...more

Key Updates To First Draw PPP Loans

Introduction •The First Draw Consolidated IFR also applies to loan forgiveness applications submitted under the Paycheck Protection Program before enactment of the Economic Aid Act where SBA has not remitted the...more

A Primer On Second Draw PPP Loans

I. Introduction- On December 27, 2020, President Trump signed the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Economic Aid Act) into law to provide continued assistance to individuals and...more

Beware Of Paying That Ransomware Threat

At a time when the U.S. healthcare system is already overwhelmed by the COVID-19 pandemic, hospitals and healthcare companies have been hit with an unprecedented number of ransomware attacks. A joint cybersecurity advisory...more

Economic Aid To Hard-Hit Small Businesses, Nonprofits, And Venues Act

Certain provisions of the Coronavirus/COVID-19 economic stimulus legislation are subject to the issuance of government regulations and other government action; thus, certain details regarding the legislation may be clarified...more

Petco Cyberattack Serves as Useful Reminder of Best Practices for Preventing Data Breach

A putative consumer class action filed in California state court on Friday the 18th against Petco Animal Supplies Stores Inc. (Petco) and its wholly owned subsidiary PupBox Inc. (PupBox) alleges that between February and...more

Recent Cyber Event Places Many Entities’ Data At Risk

As reported by Bloomberg and other news outlets, a major cyber security intrusion attributed to Russian state hackers, known by the nicknames APT29 or Cozy Bear, has sent cybersecurity experts into emergency mode as they work...more

SBA Proposes New PPP Borrower’s Questionnaire: Mandatory For Loans Of $2 Million And More

On October 26, 2020, the Small Business Administration (SBA) published a proposed Paycheck Protection Program (PPP) Loan Necessity Questionnaire for both for-profit and nonprofit borrowers in the Federal Register. This...more

The Paycheck Protection Program: FOIA And Potential Implications For Applicants And Investors - UPDATED November 2020

In an important update to our article on the PPP program and the federal Freedom of Information Act (FOIA), a federal judge ruled yesterday (November 5, 2020) that the SBA must release detailed information for all PPP loan...more

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