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Articles by Cybersecurity Bits
What SEC’s Newly Announced Cyber and Emerging Technologies Unit Tells Us About What To Expect from SEC Enforcement Actions
A few weeks ago on February 20, 2025, the U.S. Securities and Exchange Commission (SEC) announced the establishment of the Cyber and Emerging Technologies Unit (CETU). As stated by the SEC in its recent press release, CETU aims to combat cyber-related misconduct and protect retail investors from fraudulent activities in emerging technologies such as artificial intelligence, cybersecurity and digital assets.
The Recent Massachusetts Court Holding in Vita is a Win for Businesses and a Look at Trends in Novel U.S. Wiretapping Litigation
The Vita cases The Massachusetts Supreme Judicial Court (SJC) recently addressed whether the term “communications” in Massachusetts’ 1968 Wiretap Act (MWA) includes when a patient interacts with a hospital’s website and determined that such interactions did not qualify for protection under the statute. This is a significant decision for businesses that have been fending off a recent wave of litigation based on website-tracking technologies. In Vita v. New England Baptist Hospitaland Vita v.
Supreme Court Will Again Consider Agency Authority in a TCPA Case
Home > Insights > Blogs > Cybersecurity Bits and Bytes > Supreme Court Will Again Consider Agency Authority in a TCPA Case On October 8, 2024, the Supreme Court granted certiorari inMcLaughlin Chiropractic Associates, Inc. v.
California's Journey to Regulate Technology: September 2024 Legislative Update
Home > Insights > Blogs > Cybersecurity Bits and Bytes > California's Journey to Regulate Technology: September 2024 Legislative Update Veto for the California Consumer Privacy Act of 2018: opt-out preference signal On September 20, 2024, California Governor Gavin Newsom vetoed a proposed law (Assembly Bill 3048) that would have strengthened protections under the California Consumer Privacy Act (CCPA) by requiring internet browsers and mobile operating systems to offer consumers the ability...
Fifteen Attorneys General Ask Congress Not to Replace State Privacy Laws With Federal Law
Home > Insights > Blogs > Cybersecurity Bits and Bytes > Fifteen Attorneys General Ask Congress Not to Replace State Privacy Laws With Federal Law In a May 8, 2024, letter signed by the attorneys general of 14 other states, California Attorney General Rob Bonta urged Congress not to pass a version of the American Privacy Rights Act (APRA) that would preempt state consumer privacy laws. A copy of the letter can be found here.
BIPA Update: Illinois Is One Step Closer to Amending How Damages Accrue under BIPA!
The Illinois Senate recently passed legislation by a 46-13 vote that would significantly amend the Illinois Biometric Information Privacy Act (“BIPA”).[1] Senate Bill 2979 (“SB2979’), which Senate President Pro Tempore William Cunningham introduced, includes a significant benefit to corporations, employers, and other private entities in Illinois by clarifying that, in a case where the same violation occurs more than once, it would constitute only one violation for purposes of statutory...
BIPA Update: Illinois Is One Step Closer to Amending How Damages Accrue under BIPA!
Home > Insights > Blogs > Cybersecurity Bits and Bytes > BIPA Update: Illinois Is One Step Closer to Amending How Damages Accrue under BIPA! The Illinois Senate recently passed legislation by a 46-13 vote that would significantly amend the Illinois Biometric Information Privacy Act (“BIPA”).[1] Senate Bill 2979 (“SB2979’), which Senate President Pro Tempore William Cunningham introduced, includes a significant benefit to corporations, employers, and other private entities in Illinois by...
BIPA Update: Another Amendment Attempt for Illinois Privacy Law
In the Illinois Senate, a recently proposed Biometric Information Privacy Act (BIPA) amendment seeks to change how BIPA claims accrue, limiting the amount of damages available in instances where there are multiple violations. The Cothron decision, which held that BIPA claims accrued each and every time biometrics were collected, transmitted, or stored absent a written release, emboldened plaintiffs to take aggressive positions when pursuing BIPA claims.
BIPA Update: Another Amendment Attempt for Illinois Privacy Law
Home > Insights > Blogs > Cybersecurity Bits and Bytes > BIPA Update: Another Amendment Attempt for Illinois Privacy Law In the Illinois Senate, a recently proposed Biometric Information Privacy Act (BIPA) amendment seeks to change how BIPA claims accrue, limiting the amount of damages available in instances where there are multiple violations.
California AG Announces Second Settlement Under the California Consumer Privacy Act
California Attorney General Rob Bonta announced a settlement between the State of California and DoorDash on February 21, 2024, regarding allegations that DoorDash violated the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA) by selling its California customers’ personal information without providing notice or an opportunity to opt out.
California AG Announces Second Settlement Under the California Consumer Privacy Act
Home > Insights > Blogs > Cybersecurity Bits and Bytes > California AG Announces Second Settlement Under the California Consumer Privacy Act California Attorney General Rob Bonta announced a settlement between the State of California and DoorDash on February 21, 2024, regarding allegations that DoorDash violated the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA) by selling its California customers’ personal information without providing...
California Chamber Seeks State Supreme Court Review of Privacy Act Enforcement
Home > Insights > Blogs > Cybersecurity Bits and Bytes > California Chamber Seeks State Supreme Court Review of Privacy Act Enforcement The California Chamber of Commerce filed a petition to the California Supreme Court on February 20, 2024, seeking review of a February 9, 2024 appellate decision that paved the way for the state’s privacy enforcement agency, the California Privacy Protection Agency (CPPA), to start enforcing the California Privacy Right Act’s updated regulations immediately.
NY Department of Financial Services Updates Regulations on Cybersecurity
The New York Department of Financial Services (NYDFS) finalized amendments to its cybersecurity regulations on November 1, 2023, marking a significant update in the state's approach to cyber threats. The process involved multiple stages, starting with a pre-proposal in July 2022, followed by two additional proposals in November 2022 and June 2023. The final version, which incorporated feedback from various stakeholders, introduced several key changes and clarifications from earlier drafts.
FTC Issues Final Rule on New Breach Notice Requirement for Non-Bank Financial Institutions
On October 27, 2023, the Federal Trade Commission (FTC) announced a significant amendment to the agency’s Safeguards Rule under the Gramm-Leach-Bliley Act (GLBA). This amendment, reflecting an increasingly strident stance by the FTC on cybersecurity topics, mandates that non-banking financial institutions report certain data breaches and security events. Interestingly, the prudential banking regulators introduced data breach notice requirements, using GLBA authority in 2005.
FTC Issues Final Rule on New Breach Notice Requirement for Non-Bank Financial Institutions
Home > Insights > Blogs > Cybersecurity Bits and Bytes > FTC Issues Final Rule on New Breach Notice Requirement for Non-Bank Financial Institutions On October 27, 2023, the Federal Trade Commission (FTC) announced a significant amendment to the agency’s Safeguards Rule under the Gramm-Leach-Bliley Act (GLBA).
CPPA’s Deputy Director of Enforcement Promises Vigorous Action by Expanded Enforcement Staff
On Friday, July 14, the California Privacy Protection Agency (“CPPA”) Board held a public meeting to address a broad, fourteen-point agenda that ranged from updates on the Agency’s budget to the status of ongoing rulemaking to enforcement. On the issue of enforcement, the Agency’s new Deputy Director of Enforcement, Mr. Michael Macko, first addressed the recent decision in California Chamber Of Commerce vs.
CPPA’s Deputy Director of Enforcement Promises Vigorous Action by Expanded Enforcement Staff
Home > Insights > Blogs > Cybersecurity Bits and Bytes > CPPA’s Deputy Director of Enforcement Promises Vigorous Action by Expanded Enforcement Staff On Friday, July 14, the California Privacy Protection Agency (“CPPA”) Board held a public meeting to address a broad, fourteen-point agenda that ranged from updates on the Agency’s budget to the status of ongoing rulemaking to enforcement.
BIPA litigation update: Cothron’s impact and employer BIPA defense affirmed
The Illinois Supreme Court’s most recent rulings have cut both ways while further clarifying the contours of litigating Illinois Biometric Information Privacy Act (“BIPA”) claims. On one hand, its decision in the Cothron v. White Castle System case seemingly continues its trend to expand theoretical BIPA liability by both greatly magnifying the scope of theoretical liquidated damages while spurring even more litigation.[1] Yet the Court’s decision in Walton v.
BIPA litigation update: Cothron’s impact and employer BIPA defense affirmed
Home > Insights > Blogs > Cybersecurity Bits and Bytes > BIPA litigation update: Cothron’s impact and employer BIPA defense affirmed The Illinois Supreme Court’s most recent rulings have cut both ways while further clarifying the contours of litigating Illinois Biometric Information Privacy Act (“BIPA”) claims. On one hand, its decision in the Cothron v.
SEC releases long-awaited proposal to revise Regulation S-P
On March 15th, the Securities and Exchange Commission (“SEC”) issued a proposed rule to revise Regulation S-P (“Proposed Regulation S-P”) which implements the privacy and security requirements of the Gramm-Leach-Bliley Act (“GLBA”) and certain other laws. The new proposed rule was issued almost exactly 15 years after the SEC issued proposed, but never finalized, revisions to Regulation S-P.
Blog Browse: FSA issues GLBA Safeguards Rule guidance
In February, the Federal Student Aid (FSA) office of the U.S. Department of Education issued Electronic Announcement General-23-09 on the updated and strengthened requirements of the Federal Trade Commission’s (FTC) Gramm-Leach-Bliley Act Safeguards Rule. The new Electronic Announcement summarizes many of the requirements added by the FTC in the Safeguards Rule, most of which become effective June 9, 2023.
FTC issues fine to GoodRx over information sharing
The Federal Trade Commission (“FTC”) has kicked off what may be a new wave of digital health compliance enforcement. On February 1, 2023, the FTC announced its first enforcement action under the Health Breach Notification Rule. The Complaint, filed by the Department of Justice on behalf of the FTC, alleges that GoodRx shared “sensitive user information with third-party advertising companies and platforms . . .
Transportation Security Administration releases security directive on railroad cybersecurity mitigation actions and testing
On October 24, 2022, the Transportation Security Administration (“TSA”) released Security Directive 1580/82-2022-01 regarding “Rail Cybersecurity Mitigation Actions and Testing.” The directive is applicable to freight railroad carriers identified in 49 C.F.R. 1580.101 and other TSA-designated freight and passenger railroads.
California issues first fine under CCPA
On August 24, 2022, California Attorney General Rob Bonta announced a $1.2 million settlement with cosmetics retailer Sephora resolving alleged violations of the California Consumer Privacy Act (CCPA). Although the CCPA has been in effect since January 2020, this marks the first time that an enforcement action under the statute has led to fines for a business.
FTC solicits feedback on advance notice of proposed rulemaking related to commercial surveillance and data security practices
On August 22, 2022, the Federal Trade Commission (“FTC”) published an advance notice of proposed rulemaking (“ANPR”) that requests “public comment on the prevalence of commercial surveillance and data security practices that harm consumers.
Numerous privacy bills introduced in California legislature
Multiple privacy bills were introduced in California on or just before February 18, 2022, the last day for bills to be introduced in the legislature’s current session. CCPA/CPRA Revisions The most noteworthy of the bills is a pair – both introduced by the same Assembly member – that would extend the California Privacy Rights Act’s (“CPRA”) exemptions relating to employee personal information and personal information obtained in a business-to-business context.
Texas sues Meta for alleged violations of Texas biometric law
On Monday, February 14, 2022, the State of Texas by and through the Attorney General of Texas, Ken Paxton, filed suit against Meta Platforms, Inc. for alleged violations of the state’s biometric and deceptive trade practices laws.
SEC announces proposed rule related to cybersecurity risk management for investment advisers
On February 9, 2022, the SEC announced proposed rules under the Investment Advisers Act of 1940 and the Investment Company Act of 1940. The proposed rule is available here.
FERC and NERC Release Report and Recommendations Regarding 2021 Winter Freeze:
On September 23, 2021, the Federal Energy Regulatory Commission (“FERC”) and the North American Electric Reliability Corporation (“NERC”) Staff released their report and recommendations regarding the 2021 Winter Freeze during the September Open Meeting at FERC. In this joint review, Staff reviewed what happened during the freeze, what caused the failure, and outlined various recommendations to prevent similar events in the future.
NY DFS proposes regulation on disclosures for commercial financing transactions
The New York Department of Financial Services has issued a proposed regulation to implement S 5470–B, which requires consumer-like disclosures for “commercial financing” transactions of $2.5 million or less. The proposed regulation would give the provisions added by S 5470-B to the Financial Services Law the title “Commercial Finance Disclosure Law” (CFDL). The CFDL becomes effective on January 1, 2022.
EC imposes €875 million cartel fine for jeopardising the EU’s Green Deal and sustainability goals
In our latest client alert, we discuss the significance of the European Commission’s recent decision and explain the practical implications for EU antitrust enforcement and businesses.
琴澳发展的新精彩--《横琴粤澳深度合作区建设总体方案》要点解读 - LexBlog
作者：刘新宇 柯金花 张波 陆婷婷 戎冰玉 （公司业务部） 2021年9月5日，为全面贯彻落实习近平总书记关于粤澳合作开发横琴的重要指示精神，支持横琴粤澳深度合作区（以下简称“横琴合作区”）发展，中共中央、国务院印发了《横琴粤澳深度合作区建设总体方案》（以下简称“《总体方案》”），引起了社会的广泛关注和巨大反响。
《海关注册登记和备案企业信用管理办法》出台--“宽严相济”新规下的企业合规建议 - LexBlog
作者：郑银莹 蒋睿馨 戎冰玉 9月13日，海关总署令第251号正式发布，新的《中华人民共和国海关注册登记和备案企业信用管理办法》（以下简称“新《信用办法》”）将于2021年11月1日起实施。海关总署令第237号《中华人民共和国海关企业信用管理办法》（以下简称“原《信用办法》”）同时废止。
因取得虚开增值税发票被认定为偷税应该如何应对？ - LexBlog
作者：叶永青 余悦 宋丹丹 黄雨露 （合规业务部） 2018年8月23日，国家税务总局葫芦岛市税务局稽查局（以下简称“稽查局”）作出葫税稽罚[2018]5号《税务行政处罚决定书》，主要内容为：
Food safety finds a place in outcomes of UN summit
Food safety was not a major focus of the UN Food Systems Summit but has been included in a newly formed coalition. The food system coalitions cut across five priority areas for action. Food safety will be part of the Coalition for Healthy Diets from Sustainable Food Systems.
Productive Finance Working Group publishes recommendations addressing the barriers to investment in less liquid assets
On 27 September 2021, the Productive Finance Working Group (Working Group) published a report, A Roadmap for Increasing Productive Finance Investment. The report contains four recommendations, underpinned by 13 specific actions, with a focus on supporting Defined Contribution (DC) pensions schemes to invest and developing the long-term asset fund (LTAF) structure.
2021's enacted state legislation regarding food and food safety
contributed With permission, we repost Doug Farquhar’s most recent summary of food and food safety legislative actions by states. By Doug Farquhar, JD State legislatures introduced several hundred bills related to food during their 2021 legislative sessions. Almost every state introduced legislation regarding food. From food delivery, cannabis, and coronavirus to food freedom, state legislatures heard about proposed policy changes to food laws.
中国美妆市场：私募股权机构如何在中国市场获利后退出 - LexBlog
作者：肖马克 （公司业务部） 2021年，中国对大多数化妆品的强制性动物实验终于告一段落，为之雀跃的不仅仅是被当做实验对象的兔子。 美妆行业规模庞大，据估计，2020年该行业全球销售额约4830亿美元。尽管受到疫情防控、封锁措施的影响，2021年这一数字仍将增长至约5110亿美元。中国是这一增长的重要推力。
Positive findings from Irish halal audit
An audit by the Food Safety Authority of Ireland (FSAI) of halal claims on meat has found most companies are compliant with the rules. Animals such as cows, veal, lamb, sheep, goats, turkeys, chickens, ducks, game birds, bison and venison are considered halal, but must be prepared according to Islamic laws for their meat to be suitable for consumption. Audits were conducted in 25 businesses between July 2019 and February 2020.
GC Spotlight: Lucy Bassli
Today we highlight Lucy Endel Bassli, Founder and Principal of InnoLaw Group, PLLC, and former Assistant General Counsel of Legal Operations and Contracting at Microsoft (who was responsible for enterprise-wide global clients and programs). Now Lucy works with general counsel everyday, and is the author of the just-released book, CLM Simplified: Efficient Contracting for Law Departments (along with serving as a strategic advisor to LawGeex).
因取得虚开增值税发票被认定为偷税应该如何应对？ - LexBlog
作者：叶永青 余悦 宋丹丹 黄雨露 合规业务部 案情摘要 2018年8月23日，国家税务总局葫芦岛市税务局稽查局（以下简称“稽查局”）作出葫税稽罚[2018]5号《税务行政处罚决定书》，主要内容为： 1.认定葫芦岛市A企业取得虚开增值税专用发票进项税额424,800.25元，取得有资金回流的增值税专用发票（失控发票）进项税额3,255,303.84元，取得无资金回流的增值税专用发票（失控发票）进项税额534,660.56元。
Finding sympathy in the statistics: Views from Dave Theno Fellow Jaime Ragos
food safety education month Statistics never account for the trauma or years of suffering that follow foodborne illnesses. While here, at Food Safety News, we try to keep you informed of the numbers, the recalls, and the science, we also recognize that the most important aspect of food safety is protecting lives. How do we grab people’s attention and make them invest in learning and understanding food safety? By showing them the personal stories of those who have been affected.
Searcy Denney Scarola Barnhart & Shipley is proud to announce that attorney T. Hardee Bass III has become a shareholder in the firm.
Since 2008, Mr. Bass has worked in the firm’s Tobacco Unit handling multi-plaintiff litigation cases against the tobacco industry, medical device manufacturers, and drug companies. He achieved numerous multi-million dollar verdicts and settlements for clients in venues across Florida. He is Florida Bar Board Certified in Civil Trial Law. Prior to joining Searcy Denney, Mr. Bass served as a felony prosecutor in the Palm Beach County State Attorney’s Office.
Torys and Blakes advising on the acquisition of Canada’s top reverse mortgage bank
Reverse mortgage sector poised for growth as more seniors intend to remain in their own homes
UPC news: Germany ratifies the Protocol on Provisional Application
The Federal Government of Germany has just announced that it has deposited the instrument of ratification for the Protocol on the Provisional Application of the Agreement on a Unified Patent Court. This is a decisive step towards the start of UPC operations in the near future, after years of uncertainties.
Renewed Salmonella warning for reptile owners; hundreds sickened in recent years
Almost 850 people have fallen ill with Salmonella infections in recent years as part of an outbreak linked to feeder rodents. The outbreak was first investigated in 2015 and most of those sick lived in households with one or more pet reptiles. The latest warning states feeder mice are distributed by Monkfield Nutrition Limited across all four nations in the United Kingdom. They are typically fed to reptiles – particularly snakes and lizards.
Outer Space: The New Frontier for Restructuring and Insolvency
Activities in outer space have increased significantly over the last few years and there is a river of untapped potential in the modern ‘space economy’. In an article written for International Corporate Rescue, Scott Atkins and Dr Kai Luck explore the intersection between outer space activities and restructuring and insolvency. Read the article here.
EBA launches 2021 EU-wide transparency exercise
On 24 September 2021, the European Banking Authority (EBA) launched its regular EU-wide transparency exercise, whose results are expected to be published at the beginning of December. As in the past, the exercise is exclusively based on supervisory reporting data, which will keep the burden for the banks to a minimum. Transparency exercises are conducted on an annual basis and are part of the EBA’s efforts to monitor risks and vulnerabilities and to reinforce market discipline.
Updates to JMLSG guidance
On 23 September 2021, the Joint Money Laundering Steering Group (JMLSG) published: A revised sectoral piece in part II of its guidance – Sector 15 (Trade Finance). The new text, which has been submitted to HM Treasury for approval, may be accessed under “Revisions” within the “Guidance” tab. Proposed revisions to Part I Chapter 5.7 (Monitoring customer activity) of its guidance. The proposed new text may be accessed under the consultations tab of the JMLSG website.
Cesar Bello of Corbin Capital Discusses Litigation Funding as an Investment
On the most recent episode of the Litigation Finance Podcast, Cesar Bello, Partner and Deputy General Counsel of Corbin Capital, explained how he evaluates litigation finance investments, what his ROI expectations are, and how funders can mitigate risk. Below are some key takeaways from the discussion. What about the funding industry drew your attention and your interest? The stock answer here is that it’s non-correlated compared to a lot of other alternative assets.
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