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HTMLEuropean Parliament, Council, and Commission Agree on Draft of First EU-Wide Cybersecurity Legislation
Roberto Ghignone; Borden Ladner Gervais LLP;
Legal Alert/Article
January 18, 2016, previously published on January 4, 2016
On December 7, 2015, the European Parliament and the Council issued a directive "concerning measures to ensure a high common level of network and information security across the Union." This is an informal agreement on the structure and goals of draft legislation on cybersecurity in the...


HTMLHappy New Year - Cybersecurity Information Sharing Act
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 12, 2016, previously published on January 4, 2016
Just at the end of 2015, the Cybersecurity Information Sharing Act (CISA) was enacted into law as part of the omnibus spending measure passed by Congress and signed by President Obama at right before Christmas. The legislation combines elements from the versions of CISA that passed the House in...


HTMLSEC Seeks Comment on Cybersecurity Issues in ANPR for Transfer Agents
Sutherland Asbill Brennan LLP;
White Paper
December 30, 2015, previously published on December 29, 2015
On December 22, the Securities and Exchange Commission (SEC) issued an advanced notice of proposed rulemaking (ANPR) for new transfer agent requirements, and it also issued a concept release for which public comment on the SEC’s broader review of transfer agent regulation is sought. In the...


HTMLCyber Bill Passed into Law as Part of Omnibus Spending Package
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 22, 2015, previously published on December 21, 2015
The Cybersecurity Act of 2015 (“Act”), which was added to the fiscal 2016 appropriations measure, was signed into law on December 18, 2015. The Act includes, among other things, incentives for companies to participate in sharing information about data threats with the government and...


HTMLStanding Issues Could Still Derail Google Cookie Placement Litigation
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 1, 2015, previously published on November 18, 2015
In a decision almost a year in the making, the Third Circuit’s recent opinion in In re Google Inc. Cookie Placement Privacy Litig. (3d Cir. Nov. 10, 2015), (“Google”), reversed a trial court order dismissing a lawsuit alleging that Google and other internet advertising companies...


HTMLRapid Response to Data Breach Required to Avoid Liability
Peter R. Ryndak; Johnson & Bell, Ltd.;
Legal Alert/Article
November 10, 2015, previously published on November 2015
American companies have been slow to realize that they are a potential target of a cyber-attack. Last year, FBI Director, James Comey remarked that “there are two kinds of big companies in the United States. There are those who’ve been hacked¿.and those who don’t know...


HTMLCyber-Risk Management - Data Incident Notification Obligations
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
November 6, 2015, previously published on October 30, 2015
Effective cyber-risk management requires that an organization have a comprehensive incident response plan, so that the organization can rapidly respond to a data incident. To prepare an incident response plan, an organization must understand its data incident notification obligations.


HTMLConference of German Data Protection Officers' Position Paper Offers Guidance on Safe Harbor Decision: No New Approvals for Data Transfers to the U.S. Based on BCRs or Ad-Hoc Clauses
Ted-Philip Kroke, Mauricio F. Paez, Stefanie Stoehr, Undine von Diemar; Jones Day;
Legal Alert/Article
November 5, 2015, previously published on October 2015
On October 26, 2015, the Conference of the Data Protection Commissioners of the German Federation and the German States (the "Conference") issued a position paper (source document in German), which followed the Article 29 Working Party's October 16, 2015 statement on the practical...


Adobe PDFTarget Discovery Ruling Sheds Light on Preserving Privilege of Post-Breach Internal Investigations
Nicole Joy Leibman; Sills Cummis & Gross P.C.;
Legal Alert/Article
October 30, 2015, previously published on October 2015
Last week, on October 23, 2015, U.S. Magistrate Judge Jeffrey J. Keyes denied a class of banks’ motion that Target produce documents generated during its internal investigation of the massive 2013 holiday season data breach.1 This decision highlights the need for corporations to carefully...


HTML7 Tactics for Winning the Cyber War, Part 1: The Issue
Richik Sarkar; McDonald Hopkins LLC;
Legal Alert/Article
October 30, 2015, previously published on August 26, 2015
Clearly, cybersecurity isn’t just an IT issue ¿ it’s a corporate strategy issue that affects everything from your company’s bottom line to your top level executives and directors. In fact, the next generation of cyber attackers are targeting these high profile individuals...


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