Get ready for U.S. limits on cross border transfers. Departing from decades of established policy encouraging uninhibited global data flows, the U.S. Protecting Americans’ Data from Foreign Adversaries (PADFA) Act of 2024...more
The Biden Administration has issued an executive order to curtail access by China, Russia, and other countries of concern to Americans’ sensitive personal data. The Department of Justice and other agencies are tasked to take...more
The Federal Trade Commission (“FTC”) highlights lessons learned on privacy, data security, truth in advertising, and artificial intelligence (“AI”) in new guidance drawing from recent enforcement actions involving genetic...more
As the popularity of AI technologies has continued to grow in 2023, so has the number of laws and regulations seeking to address the potential risks and societal harms that may arise. The evolving legislation and calls to...more
The California Privacy Protection Agency’s proposal of new regulations for automated decisionmaking technology marks a significant step to govern how businesses may leverage those automated tools. The new framework focuses on...more
AI technology is surging ahead of regulation and this gap has left companies in quandary. Privacy professionals are asked how can we plan for the lawful use of AI when the legal landscape for its adoption is unsettled....more
This week the U.S. Department of Health and Human Services, the agency responsible for HIPAA enforcement, announced the formation of three new divisions within the Office for Civil Rights (“OCR”). The new divisions –...more
Health companies cannot use online tracking technologies like other consumer organizations. This refrain, repeated frequently by regulators, litigants and the media in recent months, may now have found its clearest voice in...more
Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in...more
The Cybersecurity and Infrastructure Security Agency (CISA) has issued a Request for Information (RFI) and announced “public listening sessions” soliciting input in advance of formal rulemaking under the Cyber Incident...more
9/13/2022
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Ransomware ,
Rulemaking Process
Momentum is growing for a federal privacy law in the United States. A bipartisan group of House and Senate leaders have released a discussion draft of a baseline consumer data protection legislation. The American Data...more
The US Department of Health Human Services (HHS) is seeking public comments about the appropriate role of “recognized security practices” in enforcement of the HIPAA Security Rule. Congress, through an amendment to the HITECH...more
Given the deteriorating security situation in Eastern Europe and the potential for widespread cyber disruptions should hostilities break out, we urge clients to re-examine their cybersecurity posture. The U.S. Cybersecurity...more
The decision to pay millions to a cyber criminal has never been easy, but it is now even more complex. The U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) issued an updated advisory on September 21,...more
On July 19, California’s recently appointed Attorney General, Rob Bonta, launched an interactive tool to aid consumers with drafting notices of noncompliance for businesses who fail to publish the “Do Not Sell My Personal...more
Ransomware victims face a nearly impossible decision: pay criminals holding their business hostage or refuse and face possible crippling consequences. This decision requires careful analysis of a number of considerations, and...more
2/25/2021
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Hackers ,
Incident Response Plans ,
Information Technology ,
New Guidance ,
NYDFS ,
Personally Identifiable Information ,
Popular ,
Ransomware
Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all...more
As we have previously highlighted, the California Privacy Rights Act (CPRA) creates a new category of personal information, called “sensitive personal information.” While the CPRA’s predecessor, the California Consumer...more
Virginia is on track to be the second U.S. state to enact comprehensive consumer privacy legislation. Both the Virginia House of Delegates and the Virginia Senate have passed nearly identical versions of the Consumer Data...more
2/10/2021
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Agenda ,
Risk Management ,
State and Local Government
There has been a significant development in the ongoing debate regarding the scope of the authority of the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) to issue penalties under the Health...more
In response to the significant rise in ransomware attacks since the start of the COVID-19 pandemic and just in time for Cybersecurity Awareness Month, the Department of the Treasury’s Financial Crimes Enforcement Network...more
10/6/2020
/ AML/CFT ,
BSA/AML ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Economic Sanctions ,
Financial Institutions ,
Financial Transactions ,
FinCEN ,
Money Services Business ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Privacy Concerns ,
Ransomware ,
Suspicious Activity Reports (SARs)
On June 1, The California Attorney General (CA AG) submitted the final text of the CCPA regulations to the California Office of Administrative Law (OAL) for approval. ...more
6/2/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
The COVID-19, and the various restrictions that have been implemented in response to it, are causing extraordinary business disruptions. Many organizations have had to modify their operational controls and accommodate a shift...more
On March 11, The California Attorney General (CA AG) released a second set of modifications to the proposed regulations implementing the California Consumer Privacy Act (CCPA)....more
3/13/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Digital Service Providers ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Right to Delete ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
On Friday, February 7, 2020, the California Attorney General (CA AG) released notice of changes to the California Consumer Privacy Act (CCPA) draft regulations. Initial draft regulations were published for public comment on...more
2/10/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government