In its first major initiative, on March 21, 2025, the Federal Communications Commission’s (FCC’s) newly formed Council on National Security (Council) launched an investigation into the “ongoing U.S. operations” of businesses...more
President Trump has taken the first steps toward fulfilling his promise to reverse the Biden administration’s approach to digital assets by issuing an executive order that establishes a framework for fostering the growth of...more
2/10/2025
/ Biden Administration ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Executive Orders ,
Financial Services Industry ,
FinTech ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Revocation ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Technology Sector ,
Trump Administration
At what point has a director served too long? What about term limits? A mandatory retirement age? When do a director’s skills become stale? These issues are addressed in this issue of The Informed Board, as well as why proxy...more
11/25/2024
/ Acquisitions ,
Artificial Intelligence ,
Board of Directors ,
Corporate Governance ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Privacy ,
Data Protection ,
Investment ,
Investors ,
Machine Learning ,
Mergers ,
National Security ,
Proxy Season ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholder Activism ,
Technology Sector
Cyber threats continue to grow as a result of increased digitization, widespread use of cloud computing, advanced connectivity and artificial intelligence (AI), requiring boards of directors across all sectors to focus more...more
11/22/2024
/ Artificial Intelligence ,
Board of Directors ,
Corporate Governance ,
Crisis Management ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Privacy ,
Machine Learning ,
Privacy Laws ,
Publicly-Traded Companies ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Third-Party
With the EU’s AI Act having entered into force on August 1, 2024, companies now need to focus on its implementation. Although the AI Act will not be fully enforceable until August 2, 2027, some obligations will become binding...more
The Department of Defense (DoD) is currently reviewing and adjudicating the public comments received in response to its proposed regulations implementing its Cybersecurity Maturity Model Certification 2.0 program (CMMC)....more
8/13/2024
/ Aerospace ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Contracts ,
Department of Defense (DOD) ,
False Claims Act (FCA) ,
Federal Contractors ,
National Security ,
NIST ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Requirements
The U.S. District Court for the Southern District of New York has dismissed many of the Securities and Exchange Commission’s (SEC’s) claims against software development company SolarWinds and its chief information security...more
8/8/2024
/ Board of Directors ,
Chief Information Security Officer (CISO) ,
Corporate Governance ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure ,
Disclosure Requirements ,
Internal Controls ,
Misleading Statements ,
Public Statements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
SolarWinds ,
White Collar Crimes
The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently announced its second settlement in four months growing out of a ransomware attack on a health care business. Maryland-based Green Ridge...more
The Federal Communications Commission (FCC) recently approved a voluntary Internet of Things (IoT) Labeling Program, which allows manufacturers of IoT products to earn the FCC’s approval to display a “U.S. Cyber Trust Mark”...more
3/22/2024
/ Cybersecurity ,
Data Security ,
FCC ,
Internet of Things ,
Internet Retailers ,
Labeling ,
NIST ,
Online Marketplace ,
Popular ,
Regulatory Agenda ,
Telecommunications ,
Wireless Technology
On February 28, 2024, President Biden issued Executive Order 14117 (the EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” that would...more
3/7/2024
/ Biden Administration ,
CFIUS ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Executive Orders ,
Legislative Agendas ,
National Security ,
New Legislation ,
Popular ,
Regulatory Requirements ,
Risk Mitigation ,
Security and Privacy Controls ,
Sensitive Personal Information
On January 29, 2024, the Department of Commerce, Bureau of Industry and Security (BIS) released a proposed rule (Proposed Rule) that would require U.S. cloud services providers (a.k.a. Infrastructure as a Service, or IaaS,...more
2/15/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
Enforcement ,
IaaS ,
Know Your Customers ,
Machine Learning ,
Popular ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements ,
U.S. Commerce Department
Fourth Circuit Holds That Class Action Waiver Issue Must Be Decided Before Certification and Questions Narrow Issue Classes -
In In re Marriott International, Inc., 78 F.4th 677 (4th Cir. 2023), a panel of the U.S. Court...more
12/1/2023
/ Appeals ,
Appellate Courts ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
FRCP 23 ,
Judicial Review ,
Mandamus Petitions ,
Mass Tort Litigation ,
Vacated
On October 30, 2023, the SEC filed a litigated complaint against SolarWinds, a software development company, and Timothy Brown, its chief information security officer (CISO). The SEC alleges that from October 2018, when...more
11/7/2023
/ Compliance ,
Corporate Governance ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Disclosure ,
Enforcement Actions ,
Information Security ,
Information Technology ,
Popular ,
Risk Management ,
Risk Mitigation ,
SolarWinds