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Notifying Law Enforcement of Security Incidents - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

“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

Ensuring Proper Legal Involvement in the Incident Response Process - Dear Mary – Incidents + Investigations Cybersecurity Advice...

“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

Understanding Access vs. Acquisition - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

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

Understanding Breach Notification Obligations Under California Law: What Does the CCPA Require? - Dear Mary – Incidents +...

‘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

SEC Issues Additional Guidance Regarding Cybersecurity Incident Disclosure

On June 24, the staff of the U.S. Securities and Exchange Commission's (SEC) Division of Corporation Finance (Division of Corporation Finance) released five new Compliance & Disclosure Interpretations (C&DIs) relating to the...more

The Team Continues to Grow: A Conversation With Our Newest Colleague, Kaitlin Clemens — Unauthorized Access Podcast [Audio]

In the latest episode of Unauthorized Access, host Sadia Mirza welcomes Kaitlin Clemens, the newest member of Troutman Pepper's Incidents + Investigations team. Kaitlin shares her journey into incident response and...more

Texas AG Launches Data Privacy Team

On Tuesday, Texas Attorney General (AG) Ken Paxton announced the creation of a team dedicated solely to the prosecution and enforcement of Texas’ privacy laws. The team will focus on handling cases under at least seven...more

Should Companies Conduct Their Own Forensic Investigations? - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

‘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

Caregivers in Cybersecurity — Unauthorized Access Podcast [Audio]

Unauthorized Access, our privacy and cybersecurity-focused podcast, spotlights the human side of the cybersecurity industry. In this episode, Sadia welcomes Sherri Davidoff, CEO of LMG Security, to discuss the challenges and...more

California AG Announces Second CCPA Settlement, Asserting DoorDash Failed to Deliver Privacy (UPDATE)

In a recent alert, we reported that California Attorney General (AG) Rob Bonta announced a settlement with DoorDash over allegations that the company violated the California Consumer Privacy Act (CCPA) and the California...more

California AG Announces Second CCPA Settlement, Asserting DoorDash Failed to Deliver Privacy

In the second settlement under the California Consumer Privacy Act (CCPA), California Attorney General (AG) Rob Bonta announced a settlement over allegations that DoorDash sold consumers' personal information in a manner that...more

That’s a Wrap…or Not? Regulatory Data Incident Investigation Resolutions and the Path Forward

As we discussed in part three of this series, “Navigating the Complexities of Regulatory Data Incident Investigations,” when an organization is the subject of regulatory data incident investigations, it must navigate a...more

Snooping Sadia Talks to Former Official Gene Fishel — Unauthorized Access Podcast [Audio]

Unauthorized Access, Troutman Pepper's privacy and cybersecurity-focused podcast, spotlights the human aspect of the cybersecurity industry, introducing you to the remarkable personalities that make the industry amazing....more

Navigating the Complexities of Regulatory Data Incident Investigations

It is indeed a tangled regulatory web woven to potentially trap an organization in the wake of a data incident. Navigating this web can involve significant resources, time, and stress. As we discussed in part two of this...more

California Takes an Aggressive Approach to Regulating Data Brokers

The Delete Act (SB 362), signed into law by California Gov. Gavin Newsom on October 10, imposes additional disclosure and registration requirements on data brokers. It requires data brokers to support deletion requests...more

A Checklist for Cyber Incident Response Communications

Popular file transfer tool MOVEit’s recent data security vulnerability prompted many businesses to communicate, internally and externally, about the impact of the incident on its business. Originally published in Law360 -...more

Your Organization Has Suffered a Data Incident: Now Here Are the Regulators It Will Likely Encounter

Government regulators are seemingly as numerous as the stars nowadays, especially in the universe of data incidents. When organizations experience a data incident, they will need to quickly assess what happened, why it...more

Data Protection: One of These Incidents Is Not Like the Other

In the burgeoning realm of data incidents, it is a truism that such incidents are not created equal. Indeed, a data incident is not necessarily a data breach. Originally published in Reuters -August 24, 2023...more

AGs Require Company With Ovulation Tracking App to Protect User Data

On May 17, District of Colombia Attorney General Brian Schwalb announced the settlement of an investigation into Easy Healthcare Corporation, requiring the company to change its privacy practices involving the ovulation...more

Preparing for an Era of Regulated Artificial Intelligence

In recent months, there has been an explosion of artificial intelligence tools that have given even technophobes an opportunity to test AI’s power from the comfort of their favorite web browser. Originally published in...more

Iowa on Cusp of Enacting Privacy Legislation

Recently, the Iowa Legislature sent a bill to Iowa Governor Kim Reynolds for her signature that would make Iowa the sixth state to enact a comprehensive privacy law. The Iowa Senate unanimously passed Senate File 262 (SF 262)...more

Cyber Capsule - February 2023

Before we jump into February developments — trigger warning if you are a Russian hacker — for those keeping track of breach notification requirements, the National Credit Union Administration (NCUA) Board approved a final...more

Forensic Artifacts Play Legal Role in Cyber Incident Response

When a business experiences a data security incident, there is invariably one principal question that the affected business wants answered: Who do we tell? Originally published in Law360 on December 2, 2022....more

Silver Lining for Cos. in Proposed Calif. Privacy Law Changes

On Oct. 17 and again on Nov. 3, the California Privacy Protection Agency, or CPPA, modified the text of the proposed regulations implementing the California Privacy Rights Act, or CPRA. Originally published in Law360 on...more

Cyber Capsule - January 2023

A thesis statement for this month's Cyber Capsule might be "You're Doing It Wrong." Whether it's easily guessable passwords, manipulated URLs, or waiting longer than prudent to report a data breach, most of our items look at...more

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