Antony Kim
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Articles by Antony Kim
Cybersecurity Regulation in Flux as Trump Administration Focuses on Evolving Foreign and Tech Threats | JD Supra
The administration has signaled a potential softening of cyber regulation for domestic entities, with increasing focus on national security priorities and preparing for the future.
Eighth Circuit Vacates FTC Click-to-Cancel Rule Days Before Compliance Deadline | JD Supra
Although the entire Rule has been vacated, businesses offering negative option programs should remain aware of general unfair and deceptive advertising principles and applicable state law requirements. KEY POINTS: On July 8, the US Court of Appeals for the Eighth Circuit vacated the entirety of the Federal Trade Commission’s (FTC or the Commission) Negative Option Rule (the Rule or the click-to-cancel rule) due to procedural deficiencies in the FTC’s rulemaking process.
FTC Delays Enforcement of Click-to-Cancel Rule Until July 14 2025 | JD Supra
Companies with B2C or B2B recurring payment programs that include negative option terms now have until July 14, 2025, to ensure their disclosure, consent, and cancellation practices are compliant with the Negative Option Rule.
FTC’s Click-to-Cancel Rule to Take Effect on May 14, 2025, Despite Litigation | JD Supra
Companies with B2C or B2B recurring payment programs that include negative option terms should review their disclosure, consent, and cancellation practices to ensure compliance with the rule. KEY POINTS: The FTC’s new Negative Option Rule (the Rule or the click-to-cancel rule) introduced a host of new requirements for both B2B and B2C companies offering negative option terms to customers (e.g., automatic renewals, free trial conversion offers, etc.).
New York Bolsters Cybersecurity Requirements | JD Supra
[co-author: Molly Whitman] Covered financial institutions now face heightened expectations in relation to cybersecurity governance, risk assessment, and incident reporting. The New York State Department of Financial Services’ (DFS) amendments (the Amendments) to its cybersecurity regulations, which were adopted last month with the first implementation deadline of December 1, 2023, impose new and enhanced requirements on covered entities.
New York bolsters cybersecurity requirements
Covered financial institutions now face heightened expectations in relation to cybersecurity governance, risk assessment, and incident reporting. The New York State Department of Financial Services’ (DFS) amendments (the Amendments) to its cybersecurity regulations, which were adopted last month with the first implementation deadline of December 1, 2023, impose new and enhanced requirements on covered entities.
Anticipated Changes to FTC Green Guides Portend New Areas of Potential Litigation
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Companies interested in the scope of environmental marketing claims and mitigating potential litigation risks should act fast as the window for comments is closing soon. Latham & Watkins presents a blog series on the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims (Green Guides). This second post provides updates on anticipated revisions to the Green Guides to help companies mitigate litigation risk and stay abreast of regulatory changes.
By Paul Davies Verified, Robin M. Hulshizer, Jacqueline Y. Zhang, Danny Dvorak, Julia A. Hatcher, Antony Kim
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Lexology
Verified
Analysis: SEC’s Proposed Cyber Rules for RIAs, RICs, and BDCs | JD Supra
In another move related to strengthening its cybersecurity enforcement efforts, the SEC announced that it will nearly double the size of its cyber enforcement unit. On May 3, 2022, the SEC announced that it will allocate 20 additional positions to the newly named Crypto Assets and Cyber Unit (formerly known as the Cyber Unit) in the Division of Enforcement, bringing the unit to 50 dedicated positions.
New Cyber Incident Reporting Requirements on the Horizon in the US | JD Supra
Companies should take steps now to prepare for the new rules and expectations. The US government continues to expand regulatory requirements around notification and disclosure of major cyberattacks or incidents. New measures are arriving on the heels of high-profile ransomware attacks on US companies and critical infrastructure, such as the Colonial Pipeline hack that caused gas shortages in the eastern United States last summer.
FTC Serves Notice of Enforcement Approach on Endorsements and Testimonials
Following recent setbacks, the FTC seeks a foothold for monetary remedies in the online advertising space. By Jennifer C. Archie, Antony “Tony” Kim, Michael H. Rubin, and Marissa R. Boynton On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses Concerning Endorsements and Testimonials to more than 700 businesses (the Notice). The Notice does not identify any alleged violations of law.
FTC Serves Notice of Enforcement Approach on Endorsements and Testimonials | JD Supra
Following recent setbacks, the FTC seeks a foothold for monetary remedies in the online advertising space. On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses Concerning Endorsements and Testimonials to more than 700 businesses (the Notice). The Notice does not identify any alleged violations of law.
America and Brexit Britain: Time for An Economic Alliance?
Brexit Britain is economically resilient and well-positioned for a much-needed economic rebound, as the world’s seventh freest economy. That is one of the key findings of the just-released 2021 Index of Economic Freedom, an annual cross-country study by The Heritage Foundation. 2020 was an extraordinary year on many fronts, from public health policy to national security and economic policy.
Fraud Alert: Payment Processors And ISOs Must Ensure That Their Compliance Procedures Can Detect COVID-19 Fraud | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
California AG Releases More Modifications to CCPA Regulations | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
How to Move to Remote Work and Comply with U.S. Privacy and Cybersecurity Laws | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Contractors Scrambling to Scope New DoD Cyber Framework | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FTC Rings in New Year with ‘Major Changes’ to Cybersecurity Orders and Throwback Reference to WISPs | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Understanding Calif.’s Game-Changing Data Protection Law: The California Consumer Privacy Act of 2018
Credit: Billion Photos/Shutterstock.com For any company that has assets in California or handles Californians’ personal information, California’s new Consumer Privacy Act of 2018 will likely have a significant impact on core business operations. Gov. Jerry Brown signed off on this sweeping legislation on June 28—just before the deadline to prevent an even more restrictive initiative from being locked into the November California ballot.
Data Breach Logs: The New 'Hot' Document
Mark Mermelstein and Antony Kim are co-chairs of Orrick, Herrington and Sutcliffe’s data privacy and cybersecurity group, resident in Los Angeles and Washington, D.C., respectively. Russell Cohen, who works in the firm’s San Francisco office, is a litigation partner focusing on cyberinsurance. Shea Leitch is an associate in that group, resident in Washington, D.C.
“Cybersecurity Guide Navigating the Digital Age” - Cyber Risks to Board of Directors
In the wake of high-profile cyberattacks, boards of directors are increasingly being scrutinized by regulators, shareholders, and the public over their oversight of cybersecurity risk.
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