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Technology Transactions & Data Privacy - 2025 Report

It is hard to believe that we are starting the 25th year of the 21st century. The rapid evolution that technology, privacy and data security have undergone these last 25 years is mindbending. Yet, as we enter 2025, it still...more

Cybersecurity for Critical Infrastructure Update – Incident Response Improves, Industry Standards Evolve

Critical infrastructure facilities are increasingly vulnerable to cybersecurity events, as demonstrated by the number of cyberattacks that have occurred this year against utilities including those in the energy sector...more

NIST Releases Risk ‘Profile’ for Generative AI

A year ago, we highlighted the National Institute of Standards and Technology’s ("NIST") release of a framework designed to address AI risks (the “AI RMF”). We noted how it is abstract, like its central subject, and is...more

Critical Infrastructure Cybersecurity – Evolving Incident Response Obligations, Integral to Effective Risk Management

Just over a year ago, the White House issued its long-awaited National Cybersecurity Strategy, with an emphasis on defending Critical Infrastructure, promoting public and private collaboration, and safeguarding...more

Unpacking the Executive Order on AI (for Cybersecurity)

The race to leverage the digital transformation potential for generative artificial intelligence (AI) has reached fever-pitch levels that began last November with the release of ChatGPT. The fast rise of emerging technologies...more

Concerns and Considerations for Using Generative Artificial Intelligence as Part of Routine Business Operations

As artificial intelligence and machine learning (collectively “AI”) models continue to develop, become more sophisticated, and generate significant media coverage, companies are increasingly considering the integration of AI...more

Generative AI’s ‘Industry Standards’ for Cybersecurity and Data Privacy Could be Here Sooner Rather than Later

AI may be both the most “powerful capability of our time” and the “most powerful weapon of our time." That’s according to Jen Easterly, Director of the Cybersecurity and Infrastructure Security Agency, when interviewed...more

Leveraging “Public-Private Collaboration” for Critical Infrastructure Cybersecurity

In March, the White House issued its long-awaited National Cybersecurity Strategy.  The strategy includes five pillars, Pillar One being “Defend Critical Instructure” with its first and second subparts focusing on (1)...more

Guidance for the ‘Burden of Cybersecurity Compliance’ Emerges

Two months ago, the White House released its National Cybersecurity Strategy.  Since then, various government agencies have issued new cybersecurity guidance for certain critical infrastructure subsectors.  For example, the...more

Artificial Intelligence Has a NIST Framework for Cybersecurity Risk

On May 3rd,  Lina Khan, the Chair of the Federal Trade Commission, made clear that the FTC is well equipped to handle the issues brought to the fore by the A.I. sector, “including collusion, monopolization, mergers, price...more

It’s Here – The New National Cybersecurity Strategy

Today, after months of rumors regarding its release and contents, the White House issued its National Cybersecurity Strategy “to secure the full benefits of a safe and secure digital ecosystem.” The full strategy is 39 pages...more

For Data Misuse, Karma’s an FTC Enforcement Action

Last month, amidst the furor around its proposal to ban the use of non-compete agreements, the Federal Trade Commission (“FTC”) announced the settlement of cases involving Fintech and EdTech companies with similarities to its...more

Blockchain Developers Urge Congress – Be Bold About Data Privacy and Security

Crypto is dead or on life support, waiting for regulation to rid it of ‘crypto contagion.’  Meanwhile, blockchain technology – the virtual, public ledger technology that records crypto transactions – is very much alive, as...more

Looting of Local Governments Leads to Cybersecurity Standards for the Water and Wastewater Sector

Last week classes for elementary schools, high schools and a community college in Boston were canceled due to a cyberattack. Last month an Arkansas school district approved a payment of $250,000 to cybercriminals to retrieve...more

For OT Cybersecurity, Extra Time is Running Out

Operational technology (OT) is hardware and software that detects or causes a change, through the direct monitoring and/or control of industrial equipment, assets, processes and events. By design, OT underpins many critical...more

National Security Focus on Cybersecurity for Critical Infrastructure Sharpens

Last year Colonial Pipeline halted one of the United States’ largest pipeline systems due to a ransomware attack. Within days a state of emergency was declared in 17 states. A few days later the pipeline resumed service, and...more

FTC Announces Decision “with a 100% chance of far-reaching” Impact for Data Breaches

On Monday the Federal Trade Commission issued a press release stating it is settling a case against Drizly and its CEO for a data breach that exposed the information of 2.5 million consumers in July 2020. The proposed...more

Cybersecurity Awareness Means, at a Minimum, Doing the Basics (Again and Again)

On September 30, 2022, the White House kicked off Cybersecurity Awareness Month by reminding citizens of the impacts cyberattacks can have on critical infrastructure such as “electric grids and fuel pipelines … and many other...more

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