News & Analysis as of August 22, 2025

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

DOJ Secures First of Its Kind Cybersecurity False Claims Act Settlement

White & Case LLP on 8/6/2025

On July 30, 2025, the U.S. Department of Justice (DOJ) announced that biotechnology company Illumina Inc. agreed to pay $9.8 million plus interest to resolve allegations of misrepresenting compliance with federal...more

“False” Sense of Security: DOJ Announces False Claims Act Settlements Related to Failure to Comply with Cybersecurity Requirements

Mintz - Health Care Viewpoints on 8/5/2025

On July 31, 2025, the United States Department of Justice (DOJ) announced a pair of settlements with companies accused of having violated the False Claims Act (FCA) by falsely representing their compliance with certain...more

Trump Administration’s AI Action Plan and New Executive Orders Offer Strategic Opportunities and Legal Risks for Private...

Husch Blackwell LLP on 7/28/2025

Key Point: “Winning the Race: America’s AI Action Plan,” the Trump Administration’s summary approach to federal artificial intelligence (AI) policy, and three new Executive Orders (EO) propose a wide-ranging federal strategy...more

New SEC Cybersecurity Compliance Deadlines are Coming: What 5 Things Should Covered Institutions Do to Prepare?

Fisher Phillips on 6/30/2025

The SEC’s amended Regulation S-P, adopted last year, will soon enhance data privacy protections for broker-dealers, investment companies, registered investment advisors, and transfer agents. The updated rule requires these...more

Navigating the Patchwork of State Consumer Privacy Statutes: An E-Commerce Compliance Playbook

Falcon Rappaport & Berkman LLP on 6/19/2025

Online retailers now face an increasingly complex matrix of state consumer-privacy statutes that impose prescriptive requirements on data collection, monetization, and cybersecurity practices. ...more

DOJ: ‘False Claims Act + Cybersecurity’ Is Here To Stay

Mintz - Privacy & Cybersecurity Viewpoints on 4/3/2025

Amid ongoing policy shifts in Washington, the federal government’s interest in pursuing civil cyber-fraud cases appears to be here to stay. In October 2021, the Department of Justice (DOJ) initiated its Civil Cyber-Fraud...more

2024 State AGs Year in Review

Morrison & Foerster LLP on 3/24/2025

In 2024, state attorneys general (State AGs) focused on a broad variety of areas and industries including, in particular, emerging industries such as artificial intelligence (AI) and privacy and social media protections....more

EU: DLA Piper GDPR Fines and Data Breach Survey: January 2025

DLA Piper on 1/21/2025

The seventh annual edition of DLA Piper’s GDPR Fines and Data Breach Survey has revealed another significant year in data privacy enforcement, with an aggregate total of EUR1.2 billion (USD1.26 billion/GBP996 million) in...more

Federal Cybersecurity Policy in 2025: What to Watch in Changing Times

Wiley Rein LLP on 1/7/2025

Last year we made some predictions about 2024’s cyber landscape and major issues. Several proved prescient, with incident reporting, CISO scrutiny, SEC aggression, and new regulation of various sectors taking shape as the...more

Kentucky’s Consumer Privacy Law Is Coming, But on a Slow Track

Mintz on 1/2/2025

To round out this year’s series on new state consumer privacy laws, we are covering the statute passed by Kentucky earlier this year. Please also keep your eye out for our 2024 round-up article that will be published soon, as...more

2024 Year-End Recap of California Consumer Privacy Act Activity

Morgan Lewis - Health Law Scan on 12/31/2024

First passed into law in 2018, the California Consumer Privacy Act (CCPA) received its first major update in 2020 by way of the California Privacy Rights Act (CPRA), through which the California Privacy Protection Agency...more

Defending Data Breach Class Actions

Womble Bond Dickinson on 12/19/2024

Class actions arising from data breach represented the fastest growing segment of class action filings. In 2023, more than 2000 class actions were filed, more than triple the amount filed in 2022. These cases were filed in...more

California's New Generative AI Law – What Your Organization Needs to Know

Baker Donelson on 12/4/2024

California is making waves with its new AI law, Assembly Bill 2013 (AB 2013), set to take effect in 2026. This groundbreaking legislation (again) puts the state at the forefront of tech regulation by tackling one of AI's...more

SEC Announces Penalties Against Four Companies for Downplaying Severity of SolarWinds Cybersecurity Breach in Disclosures

Herbert Smith Freehills Kramer on 10/28/2024

On Oct. 22, 2024, the Securities and Exchange Commission announced that it charged four technology companies with making materially misleading disclosures about the effect the SolarWinds cyberattack had on these issuers. To...more

Federal Court Makes It Harder for Plaintiffs to Bring Data Breach Claims

Bilzin Sumberg on 9/25/2024

In a recent federal case from New York, the court dealt a blow to plaintiffs suing over data breaches. The plaintiffs had filed a putative class action suit, alleging that they (and others like them) had been harmed by the...more

Top 5 SEC Enforcement Developments for August 2024

Morrison & Foerster LLP on 9/25/2024

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine: •The SEC’s case against crypto firm Kraken is permitted to...more

Disclosure of Data Through Website Cookies May Be a Data Breach – What A Recent Court Ruling Means for Healthcare Businesses

Fisher Phillips on 8/14/2024

A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more

Substantial New CCPA Regulations Inch Closer to Reality: A High-Level Overview of the New Requirements and Their Projected $4...

Wilson Sonsini Goodrich & Rosati on 8/8/2024

On July 16, 2024, the California Privacy Protection Agency (CPPA) Board met to discuss advancing a substantial draft California Consumer Privacy Act (CCPA) rulemaking package to formal proceedings. The proposed...more

More Proposed Regulations from California: What Do These Mean for Your Business?

Hinshaw & Culbertson - Privacy, Cyber & AI... on 7/30/2024

What Issues Did the California Privacy Protection Agency Raise? On July 16, 2024, the California Privacy Protection Agency (Agency) discussed proposed updates to the California Consumer Privacy Act (CCPA) regulations....more

Court in SolarWinds Case Blows Down SEC's Cyber Enforcement Authority

Holland & Knight LLP on 7/24/2024

The U.S. District Court for the Southern District of New York on July 18, 2024, dismissed most of the SEC's landmark cyber enforcement litigation against SolarWinds Corp. (SolarWinds or the Company) and the Company's Chief...more

SEC v. SolarWinds: Court Dismisses the Majority of the SEC’s Securities Fraud Claims

Fenwick & West LLP on 7/24/2024

On July 18, Judge Paul Engelmayer of the Southern District of New York issued a lengthy order dismissing the majority of the SEC’s enforcement case against SolarWinds Corporation (SolarWinds) and its CISO, Timothy Brown. The...more

Invasion of the Data Snatchers: B.C. Court of Appeal Clarifies Possible Scope of Privacy Claims Against Data Custodians in Data...

Blake, Cassels & Graydon LLP on 7/22/2024

On July 4, 2024, the B.C. Court of Appeal issued a duo of class action appeal decisions considering the potential scope of statutory and common law privacy claims against data custodians that fall victim to cyberattacks in...more

Seven New States Join Patchwork of U.S. Comprehensive Privacy Laws: Top 10 Trends from the First Half of 2024

Wilson Sonsini Goodrich & Rosati on 7/15/2024

In the first half of 2024, seven new states—Kentucky, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Rhode Island—all enacted their takes on comprehensive privacy laws, bringing the total number of states with...more

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

Wiley Rein LLP on 7/10/2024

Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Florida Governor Vetoes Cybersecurity Data Breach Immunity Bill: 4 Things Businesses Can Do to Prevent Data Breach Claims

Fisher Phillips on 7/9/2024

To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few...more

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