The new Department of Justice (DOJ) Data Security Program (DSP) took effect on April 8....more
4/17/2025
/ Corporate Counsel ,
Covered Person ,
Cybersecurity ,
Data Brokers ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Due Diligence ,
New Guidance ,
Penalties ,
Risk Management
On March 18, President Donald Trump dismissed the two Democratic commissioners from the Federal Trade Commission (FTC). The removal of Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter has sparked significant...more
Our company experienced a cybersecurity incident. It seemed pretty minor — just a few suspicious emails and an employee’s account being locked. To my dismay, we’re now hearing from our IT team that the issue is more serious....more
2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United...more
2/13/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Privacy Laws ,
Regulatory Agenda ,
State Privacy Laws
It is no secret that ransomware dominates headlines, and cybersecurity incidents have become part of our everyday language. However, the criminal “business model” behind ransomware keeps evolving.
Originally published in...more
1/23/2025
/ Business Continuity Plans ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Data Protection ,
Federal Trade Commission (FTC) ,
Forensic Accounting ,
Incident Response Plans ,
Ransomware ,
Risk Management ,
Third-Party Risk ,
Third-Party Service Provider
On December 3, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed rule for public comment aimed at amending Regulation V, which implements the Fair Credit Reporting Act (FCRA). The proposed rule seeks...more
12/5/2024
/ Comment Period ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reports ,
Credit Reporting Agencies ,
Data Brokers ,
Fair Credit Reporting Act (FCRA) ,
Financial Regulatory Reform ,
Financial Services Industry ,
Proposed Rules ,
Regulation V ,
Regulatory Agenda
In late June, the staff of the U.S. Securities and Exchange Commission’s Division of Corporation Finance released five new compliance and disclosure interpretations regarding the disclosure of material cybersecurity incidents...more
12/2/2024
/ Cyber Attacks ,
Cyber Incident Reporting ,
Cyber Insurance ,
Cybersecurity ,
Disclosure Requirements ,
Encryption ,
Form 8-K ,
Information Technology ,
Materiality ,
Ransomware ,
Reporting Requirements ,
Reputational Injury ,
Securities and Exchange Commission (SEC)
On November 12, the Consumer Financial Protection Bureau (CFPB) released a new report titled, “State Consumer Privacy Laws and the Monetization of Consumer Financial Data.” The report provides an overview of the state...more
11/18/2024
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Information ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
GLBA Privacy ,
Lending ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more
9/18/2024
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Civil Rights Act ,
Corporate Counsel ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Employment Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Machine Learning ,
Title VII
I work for a public company that recently experienced a ransomware attack. Fortunately, we were able to restore our business operations quickly by obtaining a decryption key from the threat actor. Given that we managed to get...more
9/11/2024
/ Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Protection ,
Disclosure Requirements ,
Incident Response Plans ,
Publicly-Traded Companies ,
Ransomware ,
Reporting Requirements ,
Reputational Injury ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
“Dear Mary” is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related — data breaches, forensic investigations, how to...more
“Dear Mary” is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related — data breaches, forensic investigations, how to...more
“Dear Mary” is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related — data breaches, forensic investigations, how to...more
Each of the 50 states has its own definition of what constitutes a reportable data breach. For some, it requires “unauthorized access” to personal information. For others, it requires “unauthorized acquisition.” And then,...more
7/25/2024
/ Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Theft ,
Identity Theft ,
Personal Data ,
Personally Identifiable Information ,
Unauthorized Access
In this episode of The Consumer Finance Podcast, Chris Willis is joined by Partners Ron Raether and Tim St. George to discuss a landmark victory in a major data breach class action multidistrict litigation. The team delves...more
‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more
On July 5, the California Privacy Protection Agency (CPPA) published a Notice of Proposed Rulemaking regarding Data Broker Registration pursuant to Senate Bill 362 (the Delete Act). The Delete Act requires the CPPA to...more
‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more
‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more
‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more
‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more
‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more
‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more
On May 13, Senator Joseph P. Cryan (D) introduced an amendment to New Jersey’s Daniel’s Law, which would broaden the law’s coverage. An identical amendment was introduced by Assemblywoman Annette Quijano (D) in the Assembly...more
Last week, the U.S. Department of Housing and Urban Development (HUD) issued a Notice of Proposed Rulemaking, seeking public comment on its proposal to amend existing regulations that govern admission to public housing and...more
4/16/2024
/ Comment Period ,
Criminal Records ,
HUD ,
Notice of Proposed Rulemaking (NOPR) ,
Property Owners ,
Proposed Rules ,
Public Comment ,
Public Housing ,
Regulatory Agenda ,
Rental Assistance Programs ,
Rental Property ,
Section 8 ,
Tenants