In September 2022, the SEC and CFTC fined some of the largest financial services firms in the world approximately $1.8 billion for texting. Specifically, for failing to maintain or preserve “off-channel communications” on...more
On September 15, 2022, Deputy Attorney General Lisa Monaco announced significant revisions to the Department of Justice’s corporate criminal enforcement policies. Monaco’s remarks, delivered in a speech at New York...more
Cyber fraud costs the financial services industry billions in losses each year and has been on the rise. Regulation has followed, creating risks of a different kind.
This timely webinar will walk through some of the latest...more
9/22/2022
/ Amended Rules ,
Best Practices ,
Consumer Financial Protection Bureau (CFPB) ,
Continuing Legal Education ,
Cyber Crimes ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Fraud ,
New Rules ,
NYDFS ,
Popular ,
Regulation S-ID ,
Regulation S-P ,
Risk Management ,
Rulemaking Process ,
Safeguards Rule ,
Webinars
The Securities and Exchange Commission (SEC) recently announced its intention to avoid “neither admit nor deny” settlements in some cases and instead return to an Obama-era policy requiring more individuals and companies to...more
After a tweeting mishap, Lemonade Inc., an AI-based insurance company, faces a class action for allegedly violating New York laws against the use of biometric data without consent by using facial recognition technology to...more
This past month, federal sentencing statistics became even more important for defense lawyers. The U.S. Sentencing Commission released the Judiciary Sentencing INformation platform, or JSIN — a new data tool that provides...more
On October 6, the U.S. Department of Justice (DOJ) announced the launch of a National Cryptocurrency Enforcement Team (NCET) to add structure to and coordinate the DOJ’s investigative capabilities concerning unlawful uses of...more
New York City’s new biometrics law, NYC Admin. Code §§ 22-1201–1205, went into effect in July 2021. The law creates a new private right of action for persons “aggrieved” by violations. Violations might arise from at least two...more
On October 6, 2021, the Department of Justice opened up a new front in cybersecurity compliance when it announced a Civil Cyber-Fraud Initiative using the False Claims Act and other civil enforcement tools against government...more
Over 90 percent of federal defendants plead guilty, and 83 percent of those who go to trial are convicted on at least one count.1 In most indicted federal cases, the question is not how to persuade a jury at trial, but how to...more
In December, the U.S. Sentencing Commission issued a report on the influence of the U.S. sentencing guidelines on average sentences imposed. The commission found that the guidelines "generally continue to have a substantial...more
On August 30, the Securities and Exchange Commission (SEC) announced settled charges with several investment advisory firms and broker-dealers following email account takeovers. These settlements are the latest in a string of...more
The New York State Department of Financial Services (DFS) is continuing its focus on financial institutions’ cybersecurity, issuing new guidance, probing cybersecurity as part of routine examinations, and signaling increased...more
On June 2, 2021, President Biden issued a memorandum providing "recommended best practices" for protecting against ransomware. The memorandum urged corporate executives and business leaders to...more
Join in-house counsel, chief privacy and information officers, and C-suite leaders for an in-depth program featuring Carlton Fields' Cybersecurity and Privacy attorneys.
For companies subject to the CCPA, the law ushered...more
8/11/2020
/ California Consumer Privacy Act (CCPA) ,
Chief Information Officers (CIO) ,
Chief Privacy Officer ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Personally Identifiable Information ,
Privacy Laws ,
State Attorneys General ,
Statutory Damages ,
Statutory Requirements ,
Webinars
Join in-house counsel, chief privacy and information officers, and C-suite leaders for in-depth program featuring Carlton Fields’ Cybersecurity and Privacy attorneys.
For companies subject to the CCPA, the law ushered in...more
5/14/2020
/ California Consumer Privacy Act (CCPA) ,
Chief Information Officers (CIO) ,
Chief Privacy Officer ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Personally Identifiable Information ,
Privacy Laws ,
State Attorneys General ,
Statutory Requirements ,
Webinars
As the coronavirus pandemic affects the normal way of life across the country, federal prosecutors and investigative agencies have begun establishing initiatives to investigate and combat fraudulent schemes related to the...more
The new data security requirements provision of New York’s Stop Hacks and Improve Electronic Data Security (SHIELD) Act went into full force as of March 21, 2020, and all people and businesses, regardless of the state in...more
4/2/2020
/ Cybersecurity ,
Data Management ,
Data Protection ,
Data Security ,
Gramm-Leach-Blilely Act ,
Information Technology ,
New Legislation ,
Personal Data ,
Personally Identifiable Information ,
Risk Management ,
Security Standards ,
SHIELD Act ,
State and Local Government ,
State Data Breach Notification Statutes
In order to continue their educational mission during the COVID-19 pandemic, schools across the country, both independent and public, have responded by exploring online education or “distance learning.” ...more
On November 12, 2019, the U.S. Department of Health and Human Services' Office for Civil Rights announced that it would be examining Google’s collaboration with Ascension, a nonprofit health care system that operates...more
11/15/2019
/ Data Collection ,
Data Protection ,
Google ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Technology ,
Mobile Apps ,
Patient Privacy Rights ,
PHI ,
Popular ,
Silicon Valley
California passed a sweeping new privacy law that will impact many businesses. The California Consumer Privacy Act of 2018 (CCPA) is the first U.S. law to grant consumers extensive rights as to their personal information and...more
10/22/2019
/ Banks ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Gaming ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
lender ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
State and Local Government ,
Transparency
Despite its breadth, California's new privacy law, the California Consumer Privacy Act (CCPA), creates an exemption designed around the federal Health Insurance Portability and Accountability Act (HIPAA). That exemption is...more
9/11/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Consumer Rights Directive ,
Covered Entities ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Exemptions ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Marketing ,
Mobile Apps ,
Patient Privacy Rights ,
Personal Data ,
Personally Identifiable Information ,
PHI ,
Popular ,
Privacy Laws
California’s new privacy statute imposes a number of new requirements on businesses that touch the personal information of California consumers. Its reach includes banks and financial services companies....more
8/30/2019
/ Banks ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Customer Privacy ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Financial Services Industry ,
Gramm-Leach-Blilely Act ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws
SEC Tells Firms to Stop Missing the Basics on Cybersecurity -
The SEC’s Office of Compliance Inspections and Examinations (OCIE) reported in a recent Risk Alert that many investment advisers and broker-dealers are failing to...more
7/19/2019
/ Broker-Dealer ,
Cybersecurity ,
Data Integrity ,
Data Protection ,
Investment Adviser ,
Notice Requirements ,
OCIE ,
Policies and Procedures ,
Popular ,
Privacy Notice Rule ,
Regulation S-P ,
Regulatory Oversight ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
The U.S. Supreme Court recently held that someone doesn’t need to have “made” a false or misleading statement to have primary liability under the securities fraud rules.
...more
7/15/2019
/ Appeals ,
Enforcement Actions ,
False Statements ,
Fines ,
Intent to Defraud ,
Investment Banks ,
Life Insurance ,
Lorenzo v SEC ,
Material Dissemination ,
Misleading Statements ,
Reaffirmation ,
Rule 10b-5 ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Suspensions