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The SEC Sues SolarWinds and Its CISO for Alleged Fraud and Disclosure Controls Failures

Our Securities Litigation, Securities, and Privacy, Cyber & Data Strategy teams outline vital takeaways for public companies and their directors and officers in light of the Securities and Exchange Commission’s recent civil...more

NYDFS Finalizes Second Amendment to Its Cybersecurity Regulation

Our Privacy, Cyber & Data Strategy and Privacy & Cybersecurity Litigation teams examine the New York Department of Financial Services’ finalized Second Amendment to its Cybersecurity Regulation....more

FTC Approves New Data Breach Notification Requirement for Non-Banking Financial Institutions

On October 27, 2023, the FTC approved an amendment to the Safeguards Rule (the “Amendment”) requiring that non-banking financial institutions notify the FTC in the event of a defined “Notification Event” where customer...more

FBI Cautions Organizations on Dual Ransomware Attacks

The Federal Bureau of Investigation (FBI) issued a Private Industry Notification on September 27, 2023, highlighting two concerning ransomware trends and providing companies with guidance on mitigating potential threat actor...more

CISA and NSA Highlight Technology Gaps in New Guidance on Identity and Access Management

On October 4, 2023, the National Security Agency (NSA) and Cybersecurity and Infrastructure Security Agency (CISA) published Identity and Access Management: Developer and Vendor Challenges, an advisory document developed by...more

CISA Releases Advisory Concerning Chinese-Backed Threat Actor

On September 27, 2023, The U.S. National Security Agency (NSA), the U.S. Federal Bureau of Investigation (FBI), the U.S. Cybersecurity and Infrastructure Security Agency (CISA), the Japanese National Police Agency (NPA), and...more

New York Continues to Crack Down on Poor Data Security Practices

New York Attorney General Letitia James recently announced two agreements related to data breaches with entities that operate in the education industry. In both instances the entities paid the ransom and received evidence of...more

California Proposes Annual Audits to Assess Sufficiency and Compliance of Company Cybersecurity

In late August 2023, the California Privacy Protection Agency (“CPPA” or “Agency”) released a discussion draft of proposed regulations under California’s data privacy law, the California Consumer Privacy Act (“CCPA”)....more

The Digital Download – Alston & Bird’s Privacy & Data Security Newsletter – August 2023

Publications and Advisories - July 31, 2023 – Dave Brown, Kate Hanniford, Kim Peretti, Julia Mediamolle, Cara Peterman, Sierra Shear, Kristen Bartolotta, and Kezia Osunsade published “Securities Law, Securities Litigation,...more

SEC Adopts New Cybersecurity Disclosure Rules for Public Companies

Our Securities, Securities Litigation, and Privacy, Cyber & Data Strategy teams highlight the key aspects of the Securities and Exchange Commission’s final changes to its cybersecurity reporting rules for public companies...more

FTC Launches Investigation into Creator of ChatGPT

In mid-July, the Federal Trade Commission (FTC) reportedly opened an investigation into OpenAI, the maker of ChatGPT, sending the company an extensive Civil Investigative Demand (CID). While FTC investigations are normally...more

NY DFS Releases Revised Proposed Second Amendment of its Cybersecurity Regulation

The New York Department of Financial Services (“NY DFS”) published an updated proposed Second Amendment to its Cybersecurity Regulation (23 NYCRR Part 500) in the New York State Register on June 28, 2023, updating its...more

SEC’s Proposed Cybersecurity Rules Delayed Yet Again

On June 13, 2023, the Securities and Exchange Commission (“SEC”) published its Spring 2023 rulemaking agenda that delayed finalizing the proposed Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure...more

CL0P Ransomware Gang’s Exploitation of MOVEit Vulnerability: What It Means for Companies

On June 7, 2023, the Federal Bureau of Investigation (FBI) and the Cybersecurity and Infrastructure Security Agency (CISA) released a Joint Cybersecurity Advisory in connection with a recent zero-day (or previously...more

NYDFS Penalizes bitFlyer $1.2 Million for Violations to Cybersecurity Regulation

On May 1, 2023, bitFlyer USA, Inc. (“bitFlyer”) entered into a Consent Order with the New York Department of Financial Services (“DFS”) for multiple deficiencies in bitFlyer’s cybersecurity program, most notably for failure...more

The Digital Download – Alston & Bird’s Privacy & Data Security Newsletter – May 2023

Publications and Advisories - April 5, 2023 – Kate Hanniford and Elinor Hiller published “Healthy Byte: White House and HHS Both Update Their Cybersecurity Guidance.”...more

White House Releases National Cybersecurity Strategy

Our Privacy, Cyber & Data Strategy Team breaks down how the two dozen strategic objectives in Biden’s National Cybersecurity Strategy will fundamentally shift how the United States allocates roles, responsibilities, and...more

The Digital Download – Alston & Bird’s Privacy & Data Security Newsletter – February 2023

Publications and Advisories - February 10, 2023 – Kathleen Benway, David Keating, and Sara Pullen Guercio published “Privacy, Cyber & Data Strategy / Consumer Protection/FTC Advisory: Limit Your Health Data Sharing and Call...more

FCC Proposes to Change Data Breach Reporting Rules for Telecommunication Companies

On January 6, 2023, the FCC released a Notice of Proposed Rulemaking (the “Notice”) proposing to “modernize the Commission’s data breach rules,” and thereby launching a formal effort to gather information from the industry on...more

NYDFS Releases Significant Enhancements to its Cybersecurity Regulation in the Proposed Second Amendment

The New York Department of Financial Services (“DFS”) released their proposed second amendment to the Cybersecurity Regulation, 23 NYCRR Part 500 (“Proposed Second Amendment”) on October 9, 2022....more

The Digital Download – Alston & Bird’s Privacy & Data Security Newsletter – November 2022

Selected U.S. Privacy and Cyber Updates - California Privacy Protection Agency Issues Notice of Modifications to Proposed CPRA Regulations - On November 3, 2022, the California Privacy Protection Agency (CPPA) issued a notice...more

UK’s National Cyber Security Centre Releases 2022 Annual Review

The United Kingdom’s National Cyber Security Centre (NCSC) recently released its 2022 Annual Review, which reports on the state of cyber security threats in the country. As the UK’s technical authority for cyber security, the...more

FTC Takes Action Against Ed Tech Provider for Failure to Secure Student’s Personal Information

On October 31, 2022, the Federal Trade Commission (FTC) announced it has taken action against education technology provider Chegg Inc. (“Chegg”) for its “careless” cybersecurity practices that exposed sensitive personal...more

Recent FTC Order Has Implications for Executive Liability and Corporate Data Minimization Practices

On October 24, 2022, the Federal Trade Commission (“FTC”) announced a proposed consent order against both Drizly LLC, an online marketplace for alcohol delivery, and its CEO over the company’s alleged security failures that...more

NYDFS Announces Significant Cybersecurity Settlement with EyeMed Vision Care

On October 18, 2022, EyeMed Vision Care LLC (“EyeMed”) entered into a Consent Order with the New York Department of Financial Services (“DFS”) relating to a cybersecurity event from 2020 that exposed consumer nonpublic...more

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