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Cybersecurity Controls: What Do Regulators Expect Nowadays?

Our Privacy, Cyber & Data Strategy Team highlights the increasingly specific cybersecurity controls identified by regulators, explains why these enhanced cybersecurity controls have become the focus of regulators, and shares...more

FTC Announces Proposed Settlement with GoDaddy Incorporating Prescriptive Cybersecurity Requirements

On January 15, 2025, the Federal Trade Commission (FTC) announced a proposed settlement with GoDaddy Inc. (GoDaddy) for making false or misleading representations about their security practices in violation of Section 5 of...more

New Year, New HIPAA Security Rule: OCR Adds to Health Care Entities’ New Year’s Resolutions

The Biden Administration’s Office for Civil Rights delivered on its promise to propose an update to the HIPAA Security Rule. Our Health Care and Privacy, Cyber & Data Strategy groups summarize key points from the new rule and...more

Summary of Changes from DoD CMMC Proposed Rule to Final Rule

The CMMC program is designed to ensure that federal contract information (“FCI”) and Controlled Unclassified Information (“CUI”) are sufficiently protected by government contractors.  For example, the CMMC program requires...more

NYDFS Issues Guidance on Artificial Intelligence-related Cybersecurity Risks

On October 16, 2024, the New York Department of Financial Services (“NYDFS”) issued an industry letter covering Cybersecurity Risks Arising from Artificial Intelligence and Strategies to Combat Related Risks (the “Industry...more

AI vs. AI: Recent Developments in the Cyber Landscape

The ubiquity of artificial intelligence (AI) has heightened companies’ exposure to cyberattacks of increasingly greater sophistication. Our Privacy, Cyber & Data Strategy Team explores how businesses can enhance their...more

United States Cybersecurity and Infrastructure Security Agency Issues Joint International Guidance for Event Logging and Threat...

On August 21, 2024, the United States Cybersecurity and Infrastructure Security agency, alongside government agencies in key global allies, including Australia, the UK, Canada, and Japan, released guidance on event logging...more

New York Attorney General Investigates Companies for Website Tags, Publishes Guidelines on Online Tracking Technologies

On July 30, 2024, the New York Attorney General Letitia James announced she had completed an investigation into the tracking technology practices of popular websites, and used this to create website privacy guides on online...more

NYDFS Issues Final Circular Letter Guidance on Use of AI in Insurance Underwriting and Pricing

On July 11, 2024, the New York Department of Financial Services (“NYDFS”) released Insurance Circular Letter No. 7, which establishes guidelines on the use of artificial intelligence systems (“AIS”) and external consumer data...more

Pennsylvania Amends Data Breach Notification Law

Pennsylvania’s Governor recently approved amendments to the Commonwealth’s data breach notification law, which represent a significant overhaul to the law. As detailed below, the amended law makes a number of material...more

SEC Corporation Finance Director Clarifies that Form 8-K Item 1.05 Disclosures Should be Limited to “Material” Cybersecurity...

On May 22, 2024, the Director of the Division of Corporation Finance (“Corp Fin”) of the Securities and Exchange Commission (“SEC”) issued further guidance regarding disclosure of cybersecurity incidents on Form 8-K. The...more

NIST Cybersecurity Framework 2.0 Prioritizes Governance and Flexibility

Earlier this year, the National Institute of Standards and Technology (NIST) issued an update to its Cybersecurity Framework (CSF) with the release of version 2.0, the first update since April 2018 (version 1.1). While the...more

Board Oversight and Cyber Breach Response: What Involvement Strikes the Right Balance?

New regulations continue to push boards in the direction of active engagement in their cyber oversight role, including breach response. But, how can boards strike the right balance in their oversight role during a significant...more

Top 10 Issues General Counsel Need to Know About Ransomware in 2024

Threat actors are evolving. Our Privacy, Cyber & Data Strategy Team explains how ransomware gangs have changed their tactics and how companies can respond to the threat while navigating new scrutiny from investors and...more

FBI and CISA Warn of Chinese Cyberattacks on U.S. Critical Infrastructure

Recently, there has been a surge in alerts and warnings concerning cyberattacks by People’s Republic of China (PRC) state-sponsored threat actors on U.S. critical infrastructure. On February 7, 2024, the Federal Bureau of...more

NYDFS Releases Circular Letter on Use of AI in Insurance Underwriting and Pricing

On January 17, 2024, the New York State Department of Financial Services (“NYDFS”) issued a proposed circular letter for comment regarding the “Use of Artificial Intelligence Systems and External Consumer Data and Information...more

NYDFS Releases Industry Letter on the Use of Self-Service Password Reset Feature

On January 12, 2024, the New York State Department of Financial Services (“NYDFS”) released a new Industry Letter on the use of self-service password reset (“SSPR”) services, which enable users to reset their own password...more

NYDFS Releases Consent Order in First Enforcement Action Brought Under the Cybersecurity Regulations

After a three-year investigation/enforcement action by the New York Department of Financial Services (“NYDFS”), NYDFS entered into a Consent Order with a large title insurer (the “Company”) for its violation of NYDFS’s...more

FCC Plans to Update Data Breach Notification Rules

After a decade and a half under the current data breach notification rules for telecommunications carriers and telecommunications relay services (TRS) providers, the FCC recently unveiled plans to update and expand them....more

CPPA Publishes Revised Cybersecurity Audit Regulations in Advance of Board Meeting

On December 8, 2023, the California Privacy Protection Agency (CPPA) will hold a board meeting seeking public comment on various privacy regulations. The meeting, which will take place on Zoom, will cover several topics...more

Ransomware Group, in Midst of Extortion Attempt, Files Regulatory Notice with SEC

Just a month before the Security and Exchange Commission’s (“SEC’s”) Material Cybersecurity Incidents Rule is set to take effect, a ransomware group has apparently taken compliance with reporting requirements into its own...more

FTC Approves New Data Breach Notification Requirement for Nonbanking Financial Institutions

With an amendment to its Safeguards Rule, the Federal Trade Commission has joined other federal agencies regulating cybersecurity breaches. Our Privacy, Cyber & Data Strategy Team analyzes how the amendment will affect...more

NYDFS Finalizes Second Amendment to Its Cybersecurity Regulation

Our Privacy, Cyber & Data Strategy and Privacy & Cybersecurity Litigation teams examine the New York Department of Financial Services’ finalized Second Amendment to its Cybersecurity Regulation....more

FTC Approves New Data Breach Notification Requirement for Non-Banking Financial Institutions

On October 27, 2023, the FTC approved an amendment to the Safeguards Rule (the “Amendment”) requiring that non-banking financial institutions notify the FTC in the event of a defined “Notification Event” where customer...more

China Releases Major Changes in its Draft Regulations on Cross-border Data Flows

At the end of September 2023, the Cyberspace Administration of China (CAC) released draft regulations (see the unofficial English translation) regulating the cross-border flow of personal information and important data out of...more

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