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What Makes a Cybersecurity Risk or Incident Material? A Look at the SEC’s Proposed Rules on Cybersecurity

On March 9, 2022, the Securities and Exchange Commission (“SEC”) announced Proposed Rules on cybersecurity risk management, strategy, governance, and incident disclosure (“Proposed Rules”) to address concerns of increasing...more

Time for a Check-Up: Updates in Data Breach Notification and Reporting

As the onslaught of data breaches and ransomware attacks continues, state governments are grappling with ways to bolster the impact and reach of breach notification laws. All fifty states, Puerto Rico, Guam, the Virgin...more

OFAC & FinCEN Advisories Highlight Potential Sanctions Risks To Ransomware Payments

On October 1, 2020, the Office of Foreign Assets Control (“OFAC”) issued guidance warning of potential sanctions risks for making ransomware payments related to malicious cybersecurity incidents. The same day, the Financial...more

Capital One Court Sends Mixed Signals, Finds Pre-Existing Cyber-Breach Response Plan Prevents Work Product Protection

A recent order by a federal court in Virginia rejected arguments that a cybersecurity consultant’s data breach report, which had been prepared at the direction of outside legal counsel, qualified for work product protection....more

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