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
9/25/2024
/ American Bar Association (ABA) ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Policies and Procedures ,
Popular ,
Putative Class Actions
The grace period for claims that would have been viable under Florida’s 10-year statute of repose, but were no longer viable after Florida shortened the statute of repose to 7 years, is quickly approaching its expiration. On...more
The Securities and Exchange Commission on Monday, March 18, 2024, entered into settlements with Delphia (USA) and Global Predictions, which agreed to pay civil penalties totaling $225,000 and $175,000, for “AI...more
3/22/2024
/ Artificial Intelligence ,
Broker-Dealer ,
Civil Monetary Penalty ,
Disclosure Requirements ,
Enforcement Actions ,
False Statements ,
Financial Services Industry ,
Investment Adviser ,
Machine Learning ,
Misleading Statements ,
Popular ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations
Avast Limited, a United Kingdom-based company that marketed its browser extensions and antivirus software to protect consumer privacy did just the opposite—storing consumer browsing data indefinitely and selling it...more
2/23/2024
/ Biometric Information ,
Data Collection ,
Data Privacy ,
Data Storage ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fines ,
FTC Act ,
Statutory Violations ,
Tracking Systems ,
Web Browsers
President Joe Biden on Monday, October 30, 2023, issued a comprehensive and ambitious Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence in an attempt to regulate AI to protect...more
Come December 2023, public companies will have a very narrow window to report cybersecurity incidents that materially affect their companies. Companies will also have to report annually how they assess and manage...more
7/27/2023
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Disclosure Requirements ,
Publicly-Traded Companies ,
Regulatory Reform ,
Required Forms ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
On June 12, 2023, Florida Governor Ron DeSantis signed into law House Bill 331, which significantly modifies Florida’s Construction Lien Law, Chapter 713, Florida Statutes. Among the amendments that will take effect on...more
Florida Governor Ron DeSantis signed into law Senate Bill 262, known as the “Florida Digital Bill of Rights” (“FDBR”), on June 6, 2023.
The FDBR will go into effect on July 1, 2024, which means businesses subject to it...more
May was a difficult month for plaintiffs and potential plaintiffs with alleged Telephone Consumer Privacy Act and Florida Telephone Solicitation Act (“FTSA,” aka Florida’s “Mini-TCPA”) claims in Florida.
First, the...more
On April 13, 2023, governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law, which drastically reduces the time limit for property owners to file suit against builders and construction professionals for construction...more
Did Your Company Assess its Data Collection Practices and Update Its Privacy Policy on January 1, 2023 to Comply with Virginia’s Consumer Data Protection Law?
The Commonwealth of Virginia passed its comprehensive Virginia...more
In December 2022, several New York and New Jersey lawyers were removed in separate incidents from Radio City Music Hall and Madison Square Garden after being identified as part of routine use of facial recognition technology...more
With migration to South Florida continuing unabated, Broward County finds itself among the fastest growing counties in Florida. Anticipating the need to accommodate the influx of newcomers while continuing to serve existing...more
The Federal Trade Commission (“FTC”) on Monday, August 29, 2022, sued Idaho-based Kochava Inc., a data broker, in the United States District Court for the District of Idaho, seeking a permanent injunction and other relief for...more
8/31/2022
/ Consumer Information ,
Corporate Counsel ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Sellers ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Geolocation ,
Personal Data ,
Section 5 ,
Unfair or Deceptive Trade Practices
The Eleventh Circuit Court of Appeals is considering an appeal from the United States District Court for the Middle District of Florida , in which the District Court ruled that a cyber insurance policy did not cover diversion...more
President Joe Biden signed the Strengthening American Cybersecurity Act into law on March 15. Among other requirements, companies that are “covered entities” must report data breaches promptly to federal regulators. For...more
3/28/2022
/ Biden Administration ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Management ,
Data Protection ,
Data Security ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
New Legislation ,
Regulatory Reform ,
Reporting Requirements
In the last few weeks, several major U.S. financial institutions have disclosed to investors that the United States Securities and Exchange Commission (“SEC”) and/or the Commodities Future Trading Commission (“CFTC”) are...more
3/10/2022
/ Broker-Dealer ,
Corporate Counsel ,
Electronic Communications ,
Email Policies ,
Financial Institutions ,
Financial Services Industry ,
Government Investigations ,
Record Preservation ,
Recordkeeping Requirements ,
Regular Business Communications ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Text Messages
Today (January 28, 2022), is National Data Privacy Day. While not a day of celebration with cards or gifts, the day does provide an opportunity to check in on the developments in consumer data privacy across the United...more
1/28/2022
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
GLBA Privacy ,
Information Governance ,
Pending Legislation ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Agenda
Pharmaceutical giant Merck won a major victory over its insurance carrier in New Jersey Superior Court recently. Merck’s victory means its carrier is liable to pay out up $1.4 billion to Merck for alleged losses arising out...more
1/25/2022
/ Business Losses ,
Commercial Insurance Policies ,
Contract Drafting ,
Corporate Counsel ,
Cyber Attacks ,
Data Breach ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Malware ,
Merck ,
Policy Terms ,
Russia
The Federal Communications Commission (“FCC”) circulated internally a Notice of Proposed Rulemaking (“NPRM”) last week that would, among other things, enable telecommunications carriers to report breaches to their customers...more
Florida appears to be gearing up for another partisan battle on data privacy. On Friday, January 7, 2022, Florida Senator Jennifer Bradley (R-Dist. 5), introduced Florida Senate Bill 1864, titled the “Florida Privacy...more
1/11/2022
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Florida ,
Information Governance ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform
An Internet privacy watchdog organization filed a lawsuit recently in the United States District Court for the District of Columbia against the United States Postal Service. In Electronic Privacy Information Center (“EPIC”)...more
10/29/2021
/ Article III ,
Consumer Privacy Rights ,
Data Collection ,
Enforcement Programs ,
Injury-in-Fact ,
Lack of Authority ,
Motion to Dismiss ,
Personally Identifiable Information ,
Public Safety ,
Social Media ,
Standing ,
Surveillance ,
USPS
On September 21, 2021, The Department of Treasury’s Office of Foreign Assets Control (“OFAC”) issued an Updated Advisory “to highlight the sanctions risks associated with ransomware payments in connection with malicious...more
9/24/2021
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Economic Sanctions ,
Financial Institutions ,
Hackers ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Risk-Based Approaches ,
SDN List
Careful—and truthful—reporting of a data breach should be a must for any company. But nowhere is this truer than for publicly traded companies. A recent Securities and Exchange Commission Order highlights how costly...more
9/2/2021
/ Data Breach ,
Disclosure Requirements ,
Enforcement Actions ,
Misleading Statements ,
Omissions ,
Online Education ,
Personal Data ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Students
In the last several weeks, the Executive and Legislative branches of the United States federal government have taken bipartisan measures to defend the country’s infrastructure from the critical national security threat posed...more
8/11/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
NIST ,
Popular ,
Presidential Memorandum ,
Ransomware