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|State 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;
February 27, 2015, previously published on January 2015In 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...
|Consumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations|
Undine von Diemar; Jones Day;
February 26, 2015, previously published on February 2015The German Federal Cabinet has adopted draft legislation that, if approved, will allow civil claims to enforce violations of data protection provisions protecting consumer rights (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften...
|President Obama Continues Push on Cybersecurity|
Todd S. McClelland, Michael G. Morgan, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
February 26, 2015, previously published on February 2015On 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...
|New Telecommunications Privacy Rules for U.S. Broadband Providers|
Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
February 26, 2015, previously published on February 2015Turn-of-the-century common carrier regulation is about to be imposed on providers of broadband internet services in the United States; all that remains to be determined is the details, and there are a lot of them in dispute. On February 4, 2015, Chairman Tom Wheeler of the Federal Communications...
|FINRA 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;
February 26, 2015, previously published on February 2015New 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.
|New York Regulator Announces Plans to Conduct Targeted Cybersecurity Examinations of Insurance Companies, Issue Standards|
Matthew R. Bowles, Scott A. Edelstein, Lisa M. Ledbetter, Mauricio F. Paez; Jones Day;
February 26, 2015, previously published on February 2015On February 8, 2015, the New York State Department of Financial Services ("NYDFS") announced that it will soon begin making targeted cybersecurity assessments of insurance companies and that it plans to issue regulations setting heightened security standards. The announcement coincides...
|President Signs End-Of-Year Cybersecurity Legislation Into Law|
Nandini Iyer, Richard J. Johnson, Gabriel Morris Ledeen, Mauricio F. Paez, Katherine S. Ritchey; Jones Day;
February 25, 2015, previously published on December 2014On December 18, 2014, President Obama signed into law five cybersecurity-related bills that address concerns recently brought to the forefront by highly publicized intrusions into public and private networks.
|TCPA Plaintiff Gave Consent to Calls Based on Prior Class Action Settlement|
William F. Dolan, Gregory R. Hanthorn, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott; Jones Day;
February 25, 2015, previously published on December 2014A recent case highlights the importance of carefully drafting settlement agreements. In that case, a federal district court judge held that a prior class action settlement precluded the plaintiff from filing released claims in a new lawsuit under the Telephone Consumer Protection Act...
|Are You Covered for CyberWarfare, CyberTerrorism and CyberVandalism?|
John E. Iole; Jones Day;
February 25, 2015, previously published on December 23, 2014Cyber attacks are now a routine part of the corporate landscape. Businesses regularly defend against or succumb to cyber infiltrations and data exfiltrations that can result in hundreds of millions of dollars of loss. The losses obviously are not confined to property and information — the...
|Who’s Your Role Model for EU Privacy Notices? The Latest Google Undertaking|
Susan Foster; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 19, 2015, previously published on February 5, 2015When small and mid-size companies start expanding their apps or web presence into Europe, they need to start thinking about EU data protection laws. It’s tempting to take a look at what one or two of the “big guys” do about EU data protection compliance and think that whatever the...