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Takeaways From Top 5 Cyber Law Developments in 2022

In 2022, the stakes for data breaches grew in more ways than one. IBM reported the average cost of a data breach is up to $4.35 million. More importantly, though, regulators have zeroed in on higher-level executives and...more

Federal Trade Commission (FTC) Update: Following Breach Notification Laws Not Enough; Must Notify Consumers and Others to Mitigate...

The Federal Trade Commission (FTC) recently announced its position on breach notification:  “Regardless of whether a breach notification law applies, a breached entity that fails to disclose information to help parties...more

China’s New Data Security Law: What International Companies Need to Know

On June 10, 2021, China’s national legislature – the Standing Committee of the National People's Congress passed the Data Security Law (the “DSL”). The DSL (see here for a non-official English translation) took effect on...more

Five Things You Should Expect to be Asked After a Cyber Security Incident

In the wake of a cyber incident, regulators and law enforcement agencies closely scrutinize the cyber security measures in place at the affected organization. ...more

FTC Rings in New Year with ‘Major Changes’ to Cybersecurity Orders and Throwback Reference to WISPs

Earlier this month, Andrew Smith, the FTC’s Director of the Bureau of Consumer Protection, announced that the Commission had made “three major changes” to its data security orders. Citing recent hearings at the FTC, as well...more

Third Circuit Shire Decision May Spell Trouble for FTC Cybersecurity Enforcement Plans

In June 2018, medical laboratory LabMD obtained the first-ever court decision overturning a Federal Trade Commission (FTC) cybersecurity enforcement action. (The team directing that effort – led by Doug Meal and Michelle...more

No Harm, But Foul? FTC Sues Internet of Things Maker D-Link for Security “Vulnerabilities” Despite No Allegations of Breach

Shortly after the new year, the Federal Trade Commission filed suit in the Northern District of California against D-Link Corporation, a Taiwan-based maker of wireless routers, Internet Protocol (IP) cameras, and software...more

DFARS and DIB: Compliance Steps for DoD’s Newly Finalized Cybersecurity Rules for Contractors

For businesses that work with the U.S. Department of Defense (“DoD”), two important rules for safeguarding certain categories of sensitive information and reporting cyber incidents were recently finalized, updating the...more

Aravind Swaminathan Weighs in on Proposed Cybersecurity Regulations for Financial Institutions

Aravind Swaminathan, global co-chair of Orrick’s Cybersecurity & Data Privacy team, recently spoke with Global Investigations Review regarding new plans proposed by New York’s Department of Financial Services that will...more

FTC Makes Clear that NIST Cyber Framework is Not a Cure-All

Last week, the FTC published a blog post titled The NIST Cybersecurity Framework and the FTC, in which the agency issued a nuanced answer to an oft-asked question: “If I comply with the NIST Cybersecurity Framework, am I...more

Déjà Vu Not All Over Again: Ninth Circuit Strengthens CFAA In Nosal II

On July 5, 2016, the Ninth Circuit Court of Appeals issued its highly anticipated decision in the most recent chapter of United States v. Nosal, holding that an individual acts "without authorization" as used in the Computer...more

Two Years to Get Ready – GDPR Adopted

After 4 years of negotiation, today the European Parliament adopted the General Data Protection Regulation (“GDPR“). In doing so, it signaled the end of the EU approval process and put businesses on alert that they now have...more

Internet Providers on Notice: Draft Privacy Regulations Coming Soon

This month, the Federal Communications Commission (FCC) will consider issuing a Notice of Proposed Rulemaking (NPRM) for privacy regulations that will apply to broadband providers.  The goals and objectives of the proposed...more

CFPB Jumps Into Cyber Enforcement Pool

In a much anticipated move, on March 2, 2016, the Consumer Financial Protection Bureau (CFPB) entered the cybersecurity foray with its first enforcement action against Dwolla, Inc., an online payment processing start-up. ...more

Supreme Court Issues CFAA decision in Michael Musacchio v. United States

On Monday, January 25th, the Supreme Court issued the most recent Computer Fraud and Abuse Act decision in Michael Musacchio v. United States. After leaving his employer to start his own company, the defendant (a former...more

FTC/FCC MOU: Even the Justice League Needs It In Writing

On November 13, 2015, the Federal Trade Commission and the Federal Communications Commission entered into a Memorandum of Understanding to address coordination of consumer protection actions by each agency. Following a wave...more

US–EU Safe Harbor – Struck Down!

1. CJEU finds Safe Harbor Invalid - In a landmark ruling delivered today, Europe's highest court, the Court of Justice of the European Union (CJEU) declared that the EU Commission's US - EU Safe Harbour regime is...more

Notifying Parties In Username/Password Breaches . . . It’s Not Just the Law

As we head into the end of 2015, state legislators across the country continue to strengthen, update and, in some instances, broaden the scope of their respective state data breach notification laws. Specifically, many...more

Third Circuit to Wyndham (Part I): It's "Fair" that FTC Did Not Articulate Specific Cybersecurity Standards in Enforcement Action...

On Monday, the Third Circuit issued a highly anticipated opinion affirming the Federal Trade Commission's authority to regulate "unfair" cybersecurity practices under Section 5 of the FTC Act. In allowing the data breach...more

New Guidance for Financial Institution Directors and Officers In Cybersecurity Preparedness

Earlier this summer, the Federal Financial Institutions Examination Council (FFIEC) released its highly anticipated Cybersecurity Assessment Tool (Assessment), which is designed to assist financial institutions in identifying...more

HIPAA Security Requirements Aren't Cloudy, Especially to Whistleblowers

Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) announced that it had entered into a settlement agreement with St. Elizabeth's Medical Center (SEMC) in Brighton,...more

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