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HTMLCalifornia Attorney General Releases Data Breach Report
Daniel J. McLoon, Michael G. Morgan, Jeffrey Rabkin, David W. Schecter, Gregory P. Silberman; Jones Day;
Legal Alert/Article
March 3, 2016, previously published on February 2016
On Tuesday, February 16, 2016, the California Attorney General's Office released its Data Breach Report, analyzing the 657 data breaches reported to the Attorney General's office from 2012 to 2015. According to the report, the majority of the reported breaches were the result of security failures....

 

HTMLNew Decision Raises the Bar for FTC Enforcement Actions Over Data Security Practices
Todd S. McClelland, Michael G. Morgan, Mauricio F. Paez, Jeffrey Rabkin, Gregory P. Silberman; Jones Day;
Legal Alert/Article
December 9, 2015, previously published on November 18, 2015
A decision on November 13, 2015 has raised the bar for Federal Trade Commission ("FTC") enforcement actions over data security practices. (In re LabMD, Inc., F.T.C. ALJ, No. 9357, (11/13/15)). In order for the FTC to maintain an enforcement action under Section 5 of the Federal Trade...

 

HTMLNIST's Privacy Risk Management Framework Released in Draft Report
Todd S. McClelland, Daniel J. (Dan) McLoon, Michael G. (Mike) Morgan, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
Legal Alert/Article
June 22, 2015, previously published on June 2015
On May 29, 2015, the National Institute of Standards and Technology ("NIST") released Privacy Risk Management for Federal Information Systems (NISTIR 8062) as a draft report, introducing its newly developed Privacy Risk Management Framework ("Privacy Framework"). The stated...

 

HTMLPCI DSS Version 3.1—SSL and Early Versions of TLS Are Deemed No Longer Secure
Rachel A. Geist, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
Legal Alert/Article
May 7, 2015, previously published on April 2015
On April 15, 2015, the Payment Card Industry Security Standards Council ("SSC") released Version 3.1 of the Payment Card Industry Data Security Standard ("PCI DSS"). PCI DSS is a set of standards that dictate how merchants and other organizations in the payment cycle are...

 

HTMLState of the Union Address Places the President's Privacy and Cybersecurity Proposals Front and Center
Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
Legal Alert/Article
February 27, 2015, previously published on January 2015
In his January 20, 2015, State of the Union Address, President Barack Obama notably focused on privacy and cybersecurity, stressing the urgent need for comprehensive legislation. He raised the specter of foreign nations and hackers shutting down American networks, stealing trade secrets, and...

 

HTMLFINRA and SEC Issue Cybersecurity Reports Identifying Common Industry Practices
Kyle T. Barrett, Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
New reports by the Financial Industry Regulatory Authority ("FINRA") and the SEC's Office of Compliance Inspections and Examinations ("OCIE") highlight the increased regulatory focus in the financial sector on cybersecurity. Both reports merit industry attention.

 

HTMLPresident Obama Continues Push on Cybersecurity
Todd S. McClelland, Michael G. Morgan, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
On February 13, 2015, President Obama spoke to attendees of the White House Summit on Cybersecurity and Consumer Protection held at Stanford University. Calling the digital world a "sort of Wild Wild West," Obama and many corporate representatives announced developments intended to...

 

HTMLCalifornia Attorney General Calls for Greater Data Protection, and Recommends Adoption of Chip and Pin Payment Card Technology
Michael G. Morgan, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman, Olivia C. White; Jones Day;
Legal Alert/Article
November 12, 2014, previously published on October 2014
Data breaches are on the rise-and so is government enforcement action and data breach litigation. Retailers are not the only ones at risk; data breaches are affecting a growing number of industries. In addition to recent privacy enforcement actions from the Federal Trade Commission and now the...

 

HTMLCalifornia Adds More Teeth to Its Data Breach Notification Law
Gabriel Ledeen, Michael G. Morgan, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 30, 2014, California's Governor Brown signed A.B. 1710, a bill establishing new requirements under California's data breach notification statute. The new law adds three provisions to the existing statute, California Civil Code section 1798.81.5: (i) it prohibits the sale, advertisement...

 

HTMLAttorney General's Office Issues "Do Not Track" Disclosure Guidelines
Richard J. Johnson, Ka-on Li, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
Legal Alert/Article
June 11, 2014, previously published on June 2014
The California Attorney General's Office recently issued a set of guidelines, titled "Making Your Privacy Practices Public" ("Guidelines"), designed to help companies develop "meaningful" privacy policies that provide transparency, accountability, and choice for online...

 


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