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President Biden’s Latest Executive Order Mandates Expansive U.S. Agency Regulation of AI and Encourages Protection of Citizens’...

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

SEC’s New Cyber Incident Disclosure Requirements Will Go Into Effect in December

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

What Does the Florida Digital Bill of Rights Mean for Your Business?

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

Now Is The Time to Check Compliance with Virginia Data Protection Law

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

2023 Will Continue the Trend of Creative Use of Existing Law to Plug Privacy Law Holes

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

Cyber Insurance Policies May Not Cover Phishing Attack Funds Diversion

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

Is Reporting Cyber Breaches to the Federal Government Required or Encouraged?

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

Celebrating National Data Privacy Day by Noting Recent Developments in the Law

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

FCC Calls for Changes to Telecommunications Carriers’ Reporting of Data Breaches

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

New Year, New Florida Privacy Law?

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

OFAC Warns Companies Again Not to Pay Ransomware Demands and Offers Helpful Hints for Mitigating Risks

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

Do the 2021 Federal Ransomware Laws Foretell Passage of Federal Data Privacy Laws?

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

Zoom Settlement Will Likely Mute Federal Class Action Lawsuit over Data Privacy

After months of litigation, Zoom Video Communications has agreed to pay $85 million to settle a proposed class action pending in the United States District Court for the Northern District of California....more

A Hard Lesson from the Colonial Pipeline Ransomware Attack

In the immediate aftermath of the May 7, 2021 Colonial Pipeline ransomware attack, the focus, naturally, is on the rush to get the pipeline back on line after identifying and patching any vulnerabilities that caused the...more

Florida Businesses Dodge a Data Privacy Bullet - for Now

Well, it’s over, with a whimper. After months of will-they-or-won’t-they, the Florida legislature went with “won’t” on enacting Florida House Bill 969, the “Florida Privacy Protection Act.” ...more

T-2 Days: Will the Data Privacy Bill Pass in Florida?

With just over two full days left in the current Florida legislative session, the Florida House and Senate continue to play tug-of-war over their respective bills for comprehensive data privacy reform in Florida. The Florida...more

Privacy in the House? An Update on Florida's Data Privacy Statutes

As the dueling Florida House and Senate consumer data privacy protection bills make their way through various committees in the Florida legislature, April 14, 2021, was the Florida House’s turn for a vote. House Bill 969...more

An Update on Florida’s Overhaul of Data Privacy Statutes

On Tuesday, April 6, the Florida Senate Rules Committee substantively amended Senate Bill 1734, which would create the “Florida Privacy Protection Act.” This is the Senate version of the dueling Florida House and Senate...more

OFAC Issues Regulatory Advisory Warning Against Facilitating Ransomware Payments

On October 1, 2020, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) issued an “Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments.” The Advisory, which does not carry the...more

Data Security for Owners and Contractors: Protect Construction Investments From Catastrophic Loss

Long before the COVID-19 pandemic, the construction industry was "going global" using available technology and cloud-based data storage and file sharing on all phases of projects. For example, a project owner might hire a...more

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