In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the...more
12/2/2016
/ Administrative Appeals ,
Appeals ,
China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Breach ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Geo-Blocking ,
LabMD ,
LinkedIn ,
NIST ,
Russia ,
Section 5 ,
Third-Party Service Provider ,
Unfair or Deceptive Trade Practices
In this edition of our Privacy & Cybersecurity Update, we take a look at the FCC's new rules for broadband privacy, the FTC's new playbook for data breach response and notification, the NHTSA's voluntary guidance for...more
11/2/2016
/ Actual Injuries ,
Automotive Industry ,
Breach Notification Rule ,
Broadband ,
Cloud Computing ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Driverless Cars ,
EU ,
FCC ,
Federal Bank Regulatory Agencies ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
FTC Guidelines ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incident Response Plans ,
IP Addresses ,
National Broadband Plan ,
NHTSA ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Risk Mitigation
On October 26, 2016, the U.S. Securities and Exchange Commission (SEC) voted 2-to-1 to propose amendments to the proxy rules that would require the use of universal proxy cards in contested elections. The proposed changes, if...more
10/28/2016
/ Amended Rules ,
Board of Directors ,
Contested Elections ,
Director Nominations ,
Proposed Rules ,
Proxy Materials ,
Public Comment ,
Securities and Exchange Commission (SEC) ,
Shareholder Votes ,
Shareholders ,
Universal Proxy Cards
In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more
10/3/2016
/ Article III ,
CFTC ,
Class Action ,
Commodities ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Markets ,
Germany ,
International Data Transfers ,
NIST ,
NYDFS ,
Personal Data ,
Popular ,
Standing ,
UK ,
Young Lawyers
New York state has proposed a new regulation — to go into effect January 1, 2017 — that would require banks, insurance companies and other financial services institutions regulated by the New York State Department of...more
9/15/2016
/ Banks ,
Chief Information Security Officer (CISO) ,
Comment Period ,
Covered Entities ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Protection ,
Data Retention ,
Financial Institutions ,
Gramm-Leach-Blilely Act ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Industry ,
NYDFS ,
Popular ,
Proposed Regulation ,
Risk Assessment ,
Risk Management
In this edition of our Privacy & Cybersecurity Update, we highlight guidance issued by the Irish data protection authority regarding the use of location data, as well as the FTC's request for comment on its Standards for...more
9/2/2016
/ Attorney General ,
Centers for Medicare & Medicaid Services (CMS) ,
Class Action ,
Consent ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection Authority ,
Federal Trade Commission (FTC) ,
Injury-in-Fact ,
Internet Retailers ,
Invasion of Privacy ,
Ireland ,
Location Data ,
Misrepresentation ,
NAIC ,
Nursing Homes ,
Personal Data ,
Privacy Laws ,
Public Comment ,
Right to Privacy ,
Safeguards Rule ,
Settlement ,
Social Media Policy ,
Standing ,
State Data Breach Notification Statutes
In this edition of our Privacy & Cybersecurity Update, we examine the impact of Brexit on EU data protection, court rulings on cyber insurance policy exclusions and coverage gaps, recent statements from the FTC and the...more
6/30/2016
/ Banks ,
Bonds ,
Class Action ,
Corporate Counsel ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Protection Authority ,
Electronic Health Record Incentives ,
EU Data Protection Laws ,
EU-US Privacy Shield ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
FFIEC ,
Fraudulent Transfers ,
Germany ,
Hackers ,
Internet of Things ,
Privacy Laws ,
Spokeo v Robins ,
Standing ,
UK Brexit ,
Young Lawyers
In this edition of our Privacy & Cybersecurity Update, we examine recent developments, including the U.S. Supreme Court's holding in Spokeo that consumer plaintiffs must show "real harm" to sue in federal court, the EU data...more
6/3/2016
/ Antitrust Violations ,
Article III ,
Breach Notification Rule ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection Commissioner ,
EU-US Privacy Shield ,
Injury-in-Fact ,
Ireland ,
Privacy Laws ,
Risk of Loss ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Subrogation
In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more
5/3/2016
/ Class Action ,
Commercial General Liability Policies ,
Corporate Counsel ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Encryption ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Future Harm ,
General Data Protection Regulation (GDPR) ,
Mobile Health Apps ,
Notice Requirements ,
Standing ,
State Data Breach Notification Statutes ,
Young Lawyers
In this edition of our Privacy & Cybersecurity Update, we examine the FCC's proposed privacy rules for broadband providers; new developments relating to the Privacy Shield, which was created to replace the U.S.-EU Safe Harbor...more
4/4/2016
/ Consumer Financial Protection Bureau (CFPB) ,
Cyber Insurance ,
Cybersecurity ,
Data Protection Authority ,
Data Security ,
Department of Defense (DOD) ,
EU ,
EU-US Privacy Shield ,
FCC ,
Internet Service Providers (ISPs) ,
IRS ,
Phishing Scams ,
Privacy Policy ,
US-EU Safe Harbor Framework
Two days after the original January 31 deadline, the European Union and United States have announced a replacement for the Safe Harbor agreement — the EU-U.S. Privacy Shield — which, if approved, will provide a new framework...more
Each company faces important decisions in preparing for its 2016 annual meeting and reporting season. We have prepared a checklist of essential areas we believe companies should focus on as they plan for 2016, including...more
12/12/2015
/ Annual Meeting ,
Conflict Mineral Rules ,
Corporate Governance ,
Disclosure Requirements ,
Dodd-Frank ,
Executive Compensation ,
Institutional Shareholder Services (ISS) ,
PCAOB ,
Proxy Season ,
Proxy Voting Guidelines ,
Reporting Requirements ,
Say-on-Pay ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Shareholder Proposals
Consumer Electronics Association Releases Best Practices For Privacy and Security of Personal Wellness Data -
In late October 2015, the Consumer Electronics Association released guiding principles governing the...more
11/30/2015
/ Actual Injuries ,
Commodity Exchange Act (CEA) ,
Cybersecurity ,
Do Not Track ,
EU Data Protection Laws ,
FCC ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
International Data Transfers ,
Privacy Concerns ,
US-EU Safe Harbor Framework
Proxy advisory firm Glass Lewis recently issued its U.S. voting policy guidelines for the 2016 proxy season. The guidelines include a few key changes, a summary of which is outlined below.
Conflicting Shareholder...more
11/23/2015
/ Board of Directors ,
Conflicting Proposals ,
Corporate Social Responsibility ,
Director Nominations ,
Exclusive Forum ,
Executive Compensation ,
Glass Lewis ,
Proxy Advisors ,
Proxy Voting Guidelines ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Shareholders
In this edition of our Privacy & Cybersecurity Update, we discuss what companies need to know in the wake of the EU Court of Justice's rejection of the U.S.-EU Safe Harbor framework and take a look at the following important...more
11/3/2015
/ Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Protection ,
Data Protection Authority ,
ECPA ,
EU Data Protection Laws ,
International Data Transfers ,
Mobile Apps ,
New Legislation ,
Personal Data ,
Popular ,
Privacy Policy ,
Safe Harbors ,
Schrems I & Schrems II ,
US-EU Safe Harbor Framework ,
VPPA
The Division of Corporation Finance of the U.S. Securities and Exchange Commission (Staff) recently published Staff Legal Bulletin No. 14H (SLB), which provides important new guidance for companies that may receive...more
10/29/2015
/ Conflicting Proposals ,
Manager Proposals ,
New Guidance ,
No-Action Requests ,
Ordinary Business Exception ,
Proxy Season ,
Rule 14a-8(i)(7) ,
Rule 14a-8(i)(9) ,
Securities and Exchange Commission (SEC) ,
Shareholder Proposals ,
Wal-Mart
“Decision 2000/520 is invalid.” With those four words, the Court of Justice of the European Union (CJEU) sent shock waves through the European and U.S. business communities on October 6, 2015, with a landmark decision finding...more
10/7/2015
/ Cybersecurity ,
Data Protection Authority ,
Edward Snowden ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Ireland ,
National Security ,
National Security Agency (NSA) ,
Personal Data ,
Privacy Laws ,
Right to Privacy ,
Safe Harbors ,
Schrems I & Schrems II ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
On September 17, 2015, Skadden presented a webinar titled “Proxy Access: Latest Developments.” The panelists were Art Crozier, Chairman of Innisfree M&A Incorporated; Mike Garland, Assistant Comptroller for Corporate...more
10/7/2015
/ Board of Directors ,
Continuous Holder Requirement ,
Director Nominations ,
Institutional Shareholder Services (ISS) ,
Proxy Access ,
Proxy Access Rule ,
Proxy Season ,
Securities and Exchange Commission (SEC) ,
Shareholder Proposals ,
Shareholder Votes ,
Stock Ownership
On August 5, 2015, in a 3-2 vote, the U.S. Securities and Exchange Commission (SEC) adopted final rules implementing the controversial “CEO pay ratio” disclosure requirements that were proposed in 2013 and mandated by...more
Although the 2015 annual meeting season is still winding down, there is no doubt that proxy access has gained considerable momentum and will remain a front-and-center corporate governance issue for the foreseeable future. For...more
On April 29, 2015, the U.S. Securities and Exchange Commission (SEC) proposed new rules that would require companies to disclose the relationship between the compensation actually paid to named executive officers (NEOs) and...more
The U.S. Court of Appeals for the Third Circuit issued a decision on April 14, 2015 that reversed a U.S. District Court opinion and vacated a permanent injunction that would have required Wal-Mart Stores, Inc. to include a...more
4/16/2015
/ Appeals ,
Board of Directors ,
Corporate Governance ,
Ordinary Business Exception ,
Permanent Injunctions ,
Proxy Statements ,
Reversal ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Shareholder Proposals ,
Wal-Mart
Following are a few points to consider when preparing proxy statement materials for filing with the U.S. Securities and Exchange Commission (SEC) in connection with annual shareholder meetings....more
4/1/2015
/ Annual Meeting ,
Annual Reports ,
EDGAR ,
Filing Requirements ,
Form 10-K ,
Form 8-K ,
Proxy Materials ,
Proxy Solicitations ,
Proxy Statements ,
Securities and Exchange Commission (SEC) ,
Shareholder Meetings
Although Insights is intended to cover a wide range of issues, there are a number of topics we believe will be of particular interest to directors and senior corporate executives. Below is an introduction to these topics and...more
1/29/2015
/ Board of Directors ,
C-Suite Executives ,
Corporate Counsel ,
Corporate Governance ,
Cybersecurity ,
Directors ,
Fiduciary Duty ,
Proxy Access Rule ,
Regulatory Standards ,
Risk Management ,
Shareholder Activism ,
Shareholders
As our clients and friends once again embark on preparations for their 2015 annual meeting and reporting season, we have compiled a checklist of the corporate governance, executive compensation and disclosure matters that we...more
12/9/2014
/ Annual Meeting ,
Bylaws ,
Conflict Mineral Rules ,
Corporate Governance ,
Disclosure Requirements ,
Equity Compensation ,
Executive Compensation ,
Fee-Shifting ,
Glass Lewis ,
Institutional Shareholder Services (ISS) ,
Proxy Season ,
Proxy Voting Guidelines ,
Securities and Exchange Commission (SEC) ,
Shareholder Proposals