On July 18, 2024, the U.S. District Court for the Southern District of New York dismissed most of the claims brought by the Securities and Exchange Commission (the “Commission”) against SolarWinds Corp. and its Chief...more
8/13/2024
/ Accounting Standards ,
Chief Information Security Officer (CISO) ,
Cyber Attacks ,
Disclosure Requirements ,
Dismissals ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Internal Controls ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
SolarWinds
On October 30, 2023, the Securities and Exchange Commission (“SEC”), filed a complaint against SolarWinds Corp. (“SolarWinds” or the “Company”) for fraud and internal and disclosure controls failures relating to allegedly...more
On July 14, the California Privacy Protection Agency (CPPA or the “Board”) hosted a meeting to discuss key issues. Notably, the Board’s New CPRA Rules Subcommittee (“the Subcommittee”) previewed three areas of forthcoming...more
8/9/2023
/ Advisory Board ,
Artificial Intelligence ,
Audits ,
Automation Systems ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Machine Learning ,
Personal Data ,
Personal Information ,
Proposed Regulation ,
Risk Assessment
On July 10, 2023, the European Commission adopted an adequacy decision for the new EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the successor to the EU-U.S. Privacy Shield, which the Court of Justice of the European Union...more
7/19/2023
/ Certification Requirements ,
Compliance ,
Compliance Monitoring ,
Department of Transportation (DOT) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Framework Agreement ,
International Data Transfers ,
Privacy Framework ,
UK
On May 28, 2023, the Texas legislature reached an agreement (by conference committee) on the Texas Data Privacy and Security Act (the Act), setting the stage for Texas to become the tenth state with a comprehensive privacy...more
In light of the rapid emergence and adoption of artificial intelligence (AI) tools and systems, the Biden Administration convened the CEOs of leading AI companies on May 4, 2023 at the White House and announced several...more
On October 7, 2022, President Biden signed an Executive Order (“EO”) implementing the new trans-Atlantic EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The EU-U.S. DPF, previously announced by President Biden and the...more
10/10/2022
/ Biden Administration ,
Binding Corporate Rules ,
Civil Liberties ,
Court of Justice of the European Union (CJEU) ,
Data Privacy ,
EU ,
EU-US Privacy Shield ,
Executive Orders ,
Foreign Intellgence ,
International Data Transfers ,
National Intelligence Agencies ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
Surveillance ,
UK
On September 30, the Colorado Attorney General’s Office (“Colorado AG’s Office”) released proposed rules (the “Proposed Rules”) for the Colorado Privacy Act (CPA), which goes into effect on July 1, 2023. The Proposed Rules...more
On September 15, 2022, the Federal Trade Commission (FTC) released a report on dark patterns (the, “Report”) that identifies the types of misleading and manipulative interface practices that the agency believes can harm...more
On July 7, 2022, the Consumer Financial Protection Bureau (“CFPB”) issued an advisory opinion, “Permissible Purposes for Furnishing, Using, and Obtaining Consumer Reports” (the “Opinion”) to outline certain privacy...more
On August 11, 2022, the Federal Trade Commission (the FTC or the Commission) published an Advance Notice of Proposed Rulemaking (ANPR) to request public comment on the prevalence of “commercial surveillance and data security...more
On July 28, 2022, the California Privacy Protection Agency (the “Agency”) held a special meeting (the “Meeting”) to discuss and act on the proposed federal privacy legislation, the American Data Protection and Privacy Act...more
On July 8, 2022, the Department of Justice (“DOJ”) announced in a press release that Aerojet Rocketdyne Inc, a provider of advanced propulsion and energetics systems for multiple government agencies, reached a settlement...more
7/28/2022
/ Compliance ,
Cyber Crimes ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
False Claims Act (FCA) ,
Federal Contractors ,
Military Contracts ,
NASA ,
Qui Tam ,
Settlement
On June 23, 2022, Congressman Patrick McHenry (NC-10), released a discussion draft (“Discussion Draft”) of new legislation set to amend the Gramm-Leach-Bliley Act (GLBA) with the intent to “modernize GLBA to better align...more
7/1/2022
/ Congressional Committees ,
Congressional Investigations & Hearings ,
Consumer Privacy Rights ,
Data Collection ,
Discussion Draft ,
Financial Institutions ,
GLBA Privacy ,
Gramm-Leach-Blilely Act ,
Preemption ,
Proposed Legislation ,
Regulatory Authority
On June 15, 2022, Senator Elizabeth Warren introduced Senate Bill S.4408, Health and Location Data Privacy Act of 2022 (the “Bill”). The Bill, co-sponsored with Senators Ron Wyden, Patty Murray, Sheldon Whitehouse, and Bernie...more
As a follow-up to their release of draft regulations (“Draft Regulations”) for the California Privacy Rights Act (CPRA) (which we covered in this article), the California Privacy Protection Agency (“Agency”) released an...more
The California Privacy Protection Agency (CPPA) recently released draft regulations for the California Privacy Rights Act (CPRA) (Draft Regulations). These Draft Regulations come roughly two months before the agency is...more
On May 27, 2022, the California Privacy Protection Agency (CPPA) released draft regulations for the California Privacy Rights Act (CPRA) (Draft Regulations). The Draft Regulations come roughly two months before the agency is...more
On May 19, 2022, the Federal Trade Commission (FTC or the “Commission”) including Commissioner Alvaro M. Bedoya in his first sitting since being sworn in to the Commission, held an open meeting to discuss two critical topics:...more
5/26/2022
/ Administrative Authority ,
Advertising ,
Compliance ,
COPPA ,
Data Collection ,
Educational Institutions ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Online Reviews ,
Public Comment ,
Public Meetings ,
Public Policy ,
Public Schools ,
Testimonial Statements ,
Virtual Education Tools
On April 19, 2022, the Better Business Bureau’s (BBB) Center for Industry Self-Regulation introduced the TeenAge Privacy Program (TAPP), an emerging initiative that sets out to help companies develop a teen-centric approach...more
5/4/2022
/ Behavioral Advertising ,
Better Business Bureau ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consent ,
COPPA ,
Data Retention ,
Data-Sharing ,
Federal Trade Commission (FTC) ,
Online Advertisements ,
Online Platforms ,
Parental Consent ,
User-Generated Content
On April 21, 2022, the U.S. Department of Commerce Secretary Gina Raimondo (the “Department”) announced a key development in international collaboration concerning cross-border data flows with the newly created Global...more
Colorado, as the third U.S. state to adopt a comprehensive privacy law, is making significant strides in its rule-making activities. On April 12, 2022, the Colorado Attorney General’s Office issued prepared remarks from...more
On March 29 and March 30, 2022, the Board of the California Privacy Protection Agency (CPPA or “Agency”) conducted informational sessions on the California Privacy Rights Act (CPRA) and allowed public comment on its...more
On March 18th, 2022, Sri Lanka enacted the Personal Data Protection Act, No. 9 of 2022 (the “Act” or “PDPA”) thereby becoming the first South Asian country to enact comprehensive data protection legislation. The law is...more
In the first of its kind “opinion” from the California Office of the Attorney General (“OAG”), the agency addressed the question of whether a consumer’s “right to know” what personal information a business holds about the...more