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Federal Court Dismisses Bulk of SEC’s Complaint Against SolarWinds in Cyberattack Case

On July 18, 2024, US District Judge Paul Engelmayer of the Southern District of New York issued a detailed 107-page opinion and order dismissing most of the US Securities and Exchange Commission (SEC) case against SolarWinds...more

SEC Settles Charges Against RR Donnelley Related to Cybersecurity Incident Disclosure and Internal Access Controls

On June 18, 2024, the Securities and Exchange Commission (SEC) announced that it had settled claims against RR Donnelley (RRD) related to a 2021 ransomware and cyber extortion attack. Despite RRD having discovered and...more

Utah, Colorado Pave Way for AI-Specific State Laws – Is Your Company Ready for the Impending Regulation Wave?

The regulation of artificial intelligence (AI) has drawn significant interest from policymakers in the US, particularly at the state level. There has been a recent slew of legislative activity with respect to comprehensive AI...more

CISA Opens Notice and Comment Process on CIRCIA Draft Regulations

On March 27, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) within the Department of Homeland Security published a long-awaited notice of proposed rulemaking (NPRM) pursuant to the Cyber Incident Reporting...more

New Hampshire and New Jersey Pass Comprehensive Consumer Privacy Laws

The proliferation of state consumer privacy laws continues into 2024. On March 6, 2024, New Hampshire Gov. Chris Sununu signed SB255, the New Hampshire Privacy Act (NHPA), making New Hampshire the 14th state to enact a...more

Inundated With Requests Under New Jersey’s Daniel’s Law? 

A flood of class action lawsuits have been filed against companies alleging violations of New Jersey’s Daniel’s Law. The statute – enacted after the son of a New Jersey federal judge was fatally shot by a disgruntled lawyer –...more

China Loosens Cross-Border Data Transfer Controls

On September 28, 2023, the Cyberspace Administration of China (CAC) released draft Provisions on Regulating and Promoting Cross-Border Data Flows (see the Chinese version and the unofficial English translation) for public...more

Key Considerations for Form 8-K Cybersecurity Materiality Determinations

With 8-K reporting obligations for “material” cybersecurity incidents under the new Securities and Exchange Commission (SEC) rules becoming effective as of December 18, 2023, most companies will soon be tasked with making...more

SEC Adopts Comprehensive Cybersecurity Disclosure Requirements

On July 26, 2023, the Securities and Exchange Commission (SEC) voted at an open meeting to adopt final rules to mandate standardized cybersecurity disclosures by public companies. The final rules will...more

White House Releases National Cybersecurity Strategy Implementation Plan

On July 13, 2023, the White House unveiled its National Cybersecurity Strategy Implementation Plan (NCSIP or implementation plan), following the release of the National Cybersecurity Strategy....more

Enforcement of CPRA Regulations Delayed Until 2024

A California court order has delayed enforcement of the implementing regulations for the California Privacy Rights Act of 2020 (CPRA) until March 29, 2024. The California Superior Court of Sacramento County issued the court...more

Washington State’s My Health My Data Act FAQ, Part One – Applicability and Scope

In this multipart FAQ series, we break down Washington state’s My Health My Data (MHMD) Act (the “MHMD Act” or “Act”). The MHMD Act is arguably one of the most stringent privacy laws in the US, and it further complicates the...more

FTC Proposes Change in Regulation, Enforcement of Data Collection and Security

Key Takeaways - On August 11, 2022, the Federal Trade Commission announced an advance notice of proposed rulemaking (ANPR) to initiate a process that would allow it to develop and enforce rules on what the FTC has termed...more

Companies Respond to SEC’s Proposed Cybersecurity Disclosure Framework

As we reported in our March 2022 client alert, the Securities and Exchange Commission released proposed cybersecurity reporting rules and solicited feedback through a 60-day comment period. The comment period ended on May 9,...more

Part 3: PIPL’s Localization Requirements and Restrictions on Responding to Foreign Judicial and Enforcement Agencies

China’s Personal Information Protection Law (PIPL) requires that operators of critical information infrastructure (e.g., China Mobile) and personal information processors that process personal information in an amount that...more

PRC’s New Efforts to Facilitate Data Trading: Shanghai Data Exchange Kicks Off Trading

The new year ushered in a new way to commoditize personal data: the Shanghai Data Exchange (SDE). With the Personal Information Protection Law (PIPL) becoming effective on November 1, 2021 – as well as the Data Security Law...more

36-Hour Breach Notification Rule to Go into Effect for Banking Organizations

On November 18, 2021, three US agencies – the Office of the Comptroller of the Currency (OCC), the Federal Reserve Board (FRB) and the Federal Deposit Insurance Corporation (FDIC) – issued a joint rule concerning...more

China’s New National Privacy Law: The PIPL

As the world continues to work from home in the wake of COVID-19 and companies lean on online technologies to conduct their businesses and service their customers, China (home to the most online users in the world), is one of...more

Alert: Colorado Becomes Third State to Pass a Comprehensive Privacy Law

On July 7, 2021, Colorado Gov. Jared Polis signed the Colorado Privacy Act (CPA) into law. The CPA is now the third comprehensive consumer privacy law to be passed in the United States, after the California Consumer Privacy...more

Alert: FTC Expects Board-Level Cybersecurity Oversight

Federal Trade Commission (FTC) staff published a blog post that highlights increased cybersecurity threats and emphasizes the key role corporate boards play in a successful cybersecurity program: “Corporate boards: don’t...more

Blog: Improving Cyber Insurance Practice Should Be a Company’s Priority

The New York State Department of Financial Services recently issued guidance for New York-regulated property and casualty insurers to effectively manage the cyber insurance risk present in their insurance portfolio. The DFS’...more

Alert: Improving Cyber Insurance Practice Should Be a Company’s Priority

The New York State Department of Financial Services recently issued guidance for New York-regulated property and casualty insurers to effectively manage the cyber insurance risk present in their insurance portfolio. The DFS’...more

Alert: Europe’s Highest Court Invalidates the EU-US Privacy Shield, Casts Doubt on Viability of Model Clauses for Data Transfers...

On July 16, 2020, the Court of Justice of the European Union issued a decision that uprooted long-standing legal frameworks on which thousands of US and EU companies have relied to transfer personal data from the EU to the...more

Blog: Inadequate Cybersecurity and Data Privacy Due Diligence Alleged in Starwood Deal as UK ICO Fines Marriott $125M for GDPR...

On July 9, 2019, the UK Information Commissioner’s Office (ICO) publicly announced its intent to impose a £99M (approximately $123M) GDPR fine on Marriott as a result of its acquisition of Starwood and the subsequent...more

Alert: Following California’s Lead, Nevada Privacy Law Gives Consumers Right to Opt Out

On May 29, Nevada passed a privacy law giving consumers the right to opt out of the sale of their personal information. The law, SB 220, contains provisions similar to the California Consumer Privacy Act (CCPA)'s new...more

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