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|REMINDER: Register for Wednesday Webinar! Another Cop on the Cybersecurity Beat: What to Do Before and After the SEC and FINRA Come Knockin|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 1, 2015, previously published on September 28, 2015The SEC has announced a new round of cybersecurity inspections at broker-dealer and registered investment advisory firms. If that’s not enough to catch your attention, just days after issuing the Risk Alert, the SEC censured and fined a St. Louis-based investment advisor for a failure to...
|Lessons from the SEC’s First “Pretaliation” Whistleblower Enforcement Action|
Timothy J. Fitzmaurice, Joshua P. "Josh" Gunnemann; Rogers & Hardin;
May 22, 2015, previously published on Aprill 2015On April 1, 2015, the SEC brought the first “pretaliation” whistleblower enforcement action, finding that a confidentiality agreement used by KBR, Inc., a Houston-based technology and engineering firm, violated whistleblower anti-retaliation rules the Commission enacted pursuant to the...
|The Anthem Breach Silver Lining|
Diane D. Reynolds; Taft Stettinius & Hollister LLP;
April 23, 2015, previously published on February 5, 2015Anthem may have just experienced the largest health care data breach in U.S. history, with potentially 80 million individuals at risk from this “very sophisticated external cyber-attack,” according to Anthem Chief Executive Joseph Swedish. There will be months of analysis, debate and...
|White House Issues Proposal for FTC-Regulated Data Privacy Protection|
M. Christine Carty; Schnader Harrison Segal & Lewis LLP;
April 20, 2015, previously published on March 2015On February 27, 2015, the White House proposed legislation to protect consumers’ personal data and information that is collected and used by private companies and nonprofits. Federal and state governments and their agencies are not covered by the proposed law.
|Safeguarding Your Information Assets: Are You Prepared?|
Stephenie Wingyuen Yeung; Schnader Harrison Segal & Lewis LLP;
April 20, 2015, previously published on January 2015In view of the well-publicized data breaches in 2014 and the current renewed federal legislative focus on privacy and data security issues, we are providing this Alert to highlight some action items to safeguard your company’s information assets, and reduce exposure to liability in the event...
|NYDFS to Collect Data on Cyber Security, but Could Hackers Use This Database as a Road Map to Launch Targeted Attacks?|
Jonathan L. Bing, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
April 6, 2015, previously published on March 31 2015On March 26, 2015, the New York State Department of Financial Services (NYDFS) announced that it is broadening the scope of questions and topics in its current information technology (IT) examination framework. In addition, the NYDFS requires insurers to provide a response to 16 questions about...
|Checklists Not Enough When Developing a WISP, FTC Director Comments at IAPP Global Privacy Summit|
Joseph J. Lazzarotti; Jackson Lewis P.C.;
March 31, 2015, previously published on March 9, 2015This year’s IAPP Global Privacy Summit was very informative on a number of fronts, including the helpful insight provided by officials at the Federal Trade Commission (FTC) on a range of topics. A good summary of some of their comments, which includes concerns they expressed about the...
|NJ Amends Do Not Call Law|
Jason C. Gavejian; Jackson Lewis P.C.;
March 31, 2015, previously published on February 2, 2015Last week, New Jersey’s Governor, Chris Christie (R), signed a bill which will allow telemarketing companies to make sales calls to mobile devices when the call is made to a customer with whom an existing relationship exists or in response to the customer’s written request.
|Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data|
Melissa K. Ventrone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 31, 2015, previously published on March 26, 2015“There are only two types of companies left in the United States ... those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of Pennsylvania began his opinion in Storm v. Paytime,...
|Secretary in Germany Successfully Challenges Employer’s Monitoring...Is Your Monitoring Program Defensible?|
Joseph J. Lazzarotti; Jackson Lewis P.C.;
March 31, 2015, previously published on February 25, 2015According to a report by Deutsche Welle, the German Federal Labor Court held that employers may monitor employees only when they have concrete suspicions of wrongdoing that are based on fact. In the U.S., the standards for engaging in monitoring employees may not be quite that high, but employers...