DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
Business Associates Here, There, and Everywhere: When Does Your Service Provider Really Need to Sign a HIPAA Business Associate Agreement?
In House Counsel: How To Measure the Effectiveness of Your Staffing Strategy
Sitting with the C-Suite: Identifying Opportunities to Leverage Human Capital
The CCPA for the Land Title Industry: Service Providers and Sale of Data Under the CCPA
Podcast - Risk Management: Troubleshooting & Problem Solving
Cybersecurity in the investment management industry
FCPA Compliance and Ethics Report-Episode 157-Training of Third Parties Under the FCPA
Special Report: The Hot-ish Swag at LegalTech New York 2015
Every spring, BakerHostetler collects, analyzes, and compares key metrics on the incident response matters we handled in the prior year. The output – our Data Security Incident Response (DSIR) Report – highlights key findings...more
Of the many worries on privacy compliance teams’ lists as we face the onslaught of state “general” privacy laws are the impacts they have on vendor contracts. Fortunately for those who have already had to deal with contracts...more
Hackers have increasingly focused on third-party vendors as avenues to data held by associated businesses. On August 25, 2022, DoorDash announced that it had experienced a data breach which impacted the personal...more
I’ve written several times during the past year about the importance of information security for legal professionals. Mitigating the threat of unauthorized access to client confidential information is one of the most...more
The Department of Labor recently issued cybersecurity guidance to retirement plans. The department’s Employee Benefits Security Administration (EBSA) issued guidance in three areas: (1) hiring and working with vendors and...more
The Federal Trade Commission (FTC) recently entered into an enforcement action with an analytics company for breaching the FTC's Safeguards Rule issued pursuant to the Gramm-Leach-Bliley Act (GLBA) by failing to properly vet...more
Assessing the privacy and cybersecurity practices of third-party service providers is critical not only for employee personal information, but also for confidential and personal information pertaining to an organization’s...more
Data breaches are a hot topic and will undoubtedly get even hotter. Cybersecurity for your own enterprise isn’t enough — you must evaluate your vendors and determine if they’re prepared to resist cyberattacks. ...more
The Consumer Financial Protection Bureau's Compliance Bulletin and Policy Guidance; 2016-02, Service Providers addresses the CFPB's expectation that companies oversee their business relationships with service providers in a...more
January 1, 2020, opens both a new decade and a new landscape in privacy regulation in the United States. On that day, the California Consumer Privacy Act, or CCPA, is set to become effective. The law will be the first of its...more
Not to say, I told you so, but around the same time that the Capital One data breach occurred, I was reminding clients that nearly half of all significant data breaches or cyber-incidents occur because of internal actors. ...more
• On May 23, 2019, the Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert describing its observations in past examinations of weaknesses and best practices...more
On May 23, 2019, the United States Securities and Exchange Commission (“SEC”)’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert entitled “Safeguarding Customer Records and Information in Network...more
This client alert will briefly outline key upcoming deadlines under the New York State Department of Financial Services (DFS) Cybersecurity Regulation (the “Regulation”). These include annual filing deadlines coming up in...more
A Florida staffing agency which provides physicians to hospitals and nursing homes, has agreed to a $500,000 settlement with the U.S. Department of Health and Human Services, Office for Civil Rights. The settlement comes...more
After several years of cyberattacks, you may be lulled into thinking large, sophisticated companies have now employed adequate safeguards to prevent disclosure of your confidential information. Don’t be so sure. Earlier this...more
Electronically stored information (“ESI”) can play a vital role in any case, whether it’s family law or business and commercial litigation. If managed appropriately, ESI can not only provide you with critical information,...more
Third-party service providers present difficult and unique privacy and cybersecurity challenges. Vendor management is important throughout the life of a relationship with your service provider. ...more
What You Need to Know Now - • The new law takes effect January 1, 2020, but there’s a lot to do so you need to start work now. • The new law expands the definition of personal information and gives California consumers...more
What Is GDPR?- The EU General Data Protection Regulation (GDPR),—described as “the most important change in data privacy regulation in 20 years”—becomes enforceable by law on May 25, 2018. After four years of preparation...more
As recent news reports have illustrated, law firms are prime targets for hackers looking to steal or infect highly sensitive client and customer data. The reason is that these firms – as well as other outside suppliers who...more
Almost all parties are required to exchange personal data as part of a merger and acquisition transaction. With data breaches on the rise, any buyer in a M&A transaction cannot afford to ignore privacy and data security...more
Have you come to the conclusion that you need a Managed Security Services Provider (MSSP) to support your small to medium sized enterprise but don’t know where to start?...more
This is our final installment in a three-part series examining the New York State Department of Financial Services (“DFS”) new cybersecurity regulation. In this installment, we provide an overview of the regulation’s impact...more
In the two decades since its original passage, complying with the federal Health Insurance Portability and Accountability Act (HIPAA) hasn’t gotten any easier. Enacted with the primary goal of protecting the confidentiality,...more