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
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
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
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
To sue in federal court, a plaintiff must allege an injury that the court can actually remedy, rather than just issuing an advisory opinion, and a connection between the defendant’s conduct and the actual injury. See...more
As if the recent uptick in national COVID-19 cases and hospitalizations were not enough to tax an already beleaguered health system, on October 28, 2020, three federal agencies issued a cybersecurity Joint Advisory warning of...more
10/30/2020
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
FBI ,
Hackers ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Ransomware ,
Vulnerability Assessments