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CISA issues autonomous ground vehicle cybersecurity guide

The Cybersecurity and Infrastructure Security Agency (CISA), an agency within the Department of Homeland Security, recently issued an Autonomous Ground Vehicle Security Guide (Guide). Because autonomous-vehicle (AV) pilot...more

Hold the punitive damages: Connecticut is latest to incentivize implementing cybersecurity frameworks

Connecticut’s new cybersecurity standards law, which goes into effect on October 1, 2021, protects companies from punitive damages in certain data breach actions where an organization has a cybersecurity program that conforms...more

Health care trends in a post-pandemic economy

The COVID-19 pandemic has led to the rapid expansion and widespread adoption of telehealth/telemedicine services, significantly altering how health care providers deliver—and how consumers access—medical services around the...more

Key takeaways from NIST’s cyber executive order workshop

On June 2 and 3, the U.S. National Institute of Standards and Technology (NIST) held a workshop focused on the President’s recent Executive Order on Improving the Nation’s Cybersecurity (Order) during which government...more

Department of Labor issues novel cybersecurity guidance for benefit plan sponsors and their service providers

On April 14, the Department of Labor’s Employee Benefits Security Administration (EBSA) issued its first cybersecurity-focused guidance related to benefit plans regulated by Employee Retirement Income Security Act (ERISA)....more

NYDFS recommends critical new practices to reduce supply chain risk in wake of SolarWinds attack

On April 27, 2021, the New York State Department of Financial Services (“DFS” or the “Department”) released a report regarding its investigation into the response by DFS covered entities to the SolarWinds supply chain attack....more

To pay or not to pay: Another regulator weighs in on the decision to pay a ransom

Ransomware victims face a nearly impossible decision: pay criminals holding their business hostage or refuse and face possible crippling consequences. This decision requires careful analysis of a number of considerations, and...more

Life Sciences and Health Care Horizons - 2021

Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all...more

New York regulator issues cyber insurance risk framework with implications for insurers and insureds

On February 4, the New York Department of Financial Services (NYDFS) released Insurance Circular Letter No. 2 (2021), a Cyber Insurance Risk Framework (Framework) for insurers that write cyber insurance....more

Virginia poised to enact comprehensive consumer privacy law

Virginia is on track to be the second U.S. state to enact comprehensive consumer privacy legislation. Both the Virginia House of Delegates and the Virginia Senate have passed nearly identical versions of the Consumer Data...more

Fifth Circuit Vacates $4.3M Penalty Against MD Anderson Related to Data Losses

There has been a significant development in the ongoing debate regarding the scope of the authority of the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) to issue penalties under the Health...more

New York Department of Financial Services announces first enforcement action under Cybersecurity Regulation

Following promises of increased enforcement, on July 22, 2020, the New York Department of Financial Services (NYDFS) announced the first cybersecurity enforcement action pursuant to its Cybersecurity Regulation, which...more

New York Department of Financial Services Released New Guidance Addressing COVID-19 Related Cybersecurity Risks

Continuing its focus on COVID-19’s impact on its regulated entities, on April 13, the New York Department of Financial Services (NYDFS) released new cybersecurity guidance in response to the COVID-19 pandemic....more

COVID-19 and IT service provider contracts: A checklist for force majeure events

The COVID-19, and the various restrictions that have been implemented in response to it, are causing extraordinary business disruptions. Many organizations have had to modify their operational controls and accommodate a shift...more

Employers Take Notice: Increased Cybersecurity Threats Amid Coronavirus Precautions

On March 11, the Word Health Organization officially characterized the coronavirus (COVID-19) outbreak as a pandemic. During the outbreak, many employers around the world are seeking to prioritize the well-being and safety of...more

OCR Provides Insight into Enforcement Priorities and Breach Trends

Regulators, industry experts, and researchers provided insight into health privacy and security enforcement trends, emerging threats, and new tools at a recent conference focused on the Health Insurance Portability and...more

Harmonizing cybersecurity for medical devices: International collaboration moves forward

On 1 October 2019 the International Medical Device Regulators Forum (IMDRF) Medical Device Cybersecurity Working Group released a draft document titled "Principles and Practices for Medical Device Cybersecurity" (IMDRF...more

New York Enacts New Data Security Laws

On July 25, New York Governor Andrew Cuomo signed into law a pair of bills establishing new requirements for businesses that process certain personal information related to New York residents. The changes include expanding...more

Recap of the OCR/NIST Conference on Safeguarding Health Information

Regulators provided key insights into enforcement trends and potential changes to HIPAA regulations at the 11th Annual “Safeguarding Health Information: Building Assurance Through HIPAA Security” conference in October...more

Proposed changes to FDA guidance for the content of premarket submissions for management of cybersecurity in medical devices: What...

On October 18, 2018, FDA issued a long-awaited draft revision to its existing guidance "Content of Premarket Submissions for Management of Cybersecurity in Medical Devices"(premarket cybersecurity guidance). This coincided...more

California Passes First-Of-Its-Kind Law Focused on Internet of Things Cybersecurity

Late last month, California Governor Jerry Brown signed the first US Internet of Things (IoT) cybersecurity legislation: Senate Bill 327 and Assembly Bill 1906. ...more

FDA signals increasing focus on cybersecurity requirements

With the continued explosion of software and software-controlled medical devices, including the growing use of machine learning and artificial intelligence, the FDA (the Agency) Medical Device Safety Action Plan (the Plan)...more

SEC Issues New Interpretive Guidance on Cybersecurity Disclosures

Prompted by concern over the increase in the risks and frequency of data breach incidents and other cyber-attacks affecting public companies, the Securities and Exchange Commission recently published interpretive guidance to...more

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