Harmonizing Cybersecurity And Trade Secret Protection – Many companies are investing heavily in cybersecurity and implementing a framework such as the Cybersecurity Framework from the National Institute of Standards and Technology (“NIST Framework”). As companies adopt the NIST Framework or similar frameworks to protect data and critical infrastructure from cyber attack, they should consider how this process implicates their critical corporate trade secrets. An article entitled Harmonizing Cybersecurity and Trade Secret Protection, written by King & Spalding Partner Steve Snyder and published in Law360 (available here), provides guidance as to how the implementation of the NIST Framework for cybersecurity can be harmonized with implementation of an effective trade secret protection plan. 

ERISA Trumps State Law Claims In Anthem Data Breach:  K&S Client Alert – On November 24, 2015, the U.S. District Court for the Northern District of California ruled that ERISA preempted state-law claims for data breach and data privacy in the Anthem data breach litigation. A King & Spalding Client Alert discusses how the ruling highlights the impact that different state privacy laws can have on this analysis, as well as the importance of the ERISA plan’s description of a company’s duty to protect the personal health information of its plan participants. Read the full Client Alert here.