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Articles by Daniel Podair
Immunity May Not Protect Gov't-Backed Cyber Operators
By Leslie Weinstein, Daniel Podair and Maahi Saini ( October 21, 2026, 5:07 PM EDT) -- The National Coordination Center was recently directed by a national security presidential memorandum to build a program authorizing private companies to conduct offensive cybersurveillance operations and cyber effects operations against foreign cyber-enabled transnational criminal organizations.... Law360 is on it, so you are, too.
The Trump Administration Continues To Focus On Health Care Enforcement
The Trump Administration has reaffirmed its commitment to aggressive health care enforcement, continuing the priorities of the previous administration. A recent memorandum from DOJ Criminal Division head Matthew Galeotti emphasizes targeting health care fraud, consumer safety violations, and illegal drug distribution. The False Claims Act (FCA) also remains a central tool, with the DOJ pledging to pursue both whistleblower-initiated and government-led cases.
Confusion & Contradiction in the UN ‘Cybercrime’ Convention
Published by The Lawfare Institute in Cooperation With On Aug. 9, an ad hoc United Nations committee unanimously adopted draft language for a new cybercrime convention (the Draft Convention). The Draft Convention represents an effort by certain repressive, anti-democratic regimes to erect a veneer of legitimacy through international law for efforts to target subversive elements within their own societies.
American Privacy Rights Act: An Overview Of The Landmark Privacy Legislation Being Considered By Congress
In April, Senate Commerce Committee Chair Maria Cantwell (D-WA) and House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) jointly released the text of the American Privacy Rights Act (APRA), a draft piece of legislation to establish a federal data privacy standard. The bill expands on last session's American Data Privacy Protection Act (ADPPA), which passed the House Energy and Commerce Committee in 2022.
Government Looking Into Insider Trading By Tipping Block Trades
Business Crimes Bulletin Regulation White Collar Crime How the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities. As Congress struggles to determine whether it will finally pass a law defining insider trading, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have trained their sights on an ever-widening array of insider trading practices and theories.
New York DFS Issues Guidance on Ransomware Prevention and Response
Ransomware attacks have been soaring in frequency and severity, affecting companies, government agencies, and nonprofits and leading to larger and larger ransom demands as a condition for unlocking the victim’s information systems. On June 30, 2021, the New York State Department of Financial Services (NYDFS) issued guidance on how potential victims can minimize the risk of a successful ransomware attack.
Big Apple Takes a Bite at Biometrics
Just as retail stores, bars, restaurants, and entertainment venues in New York City have been authorized to relax COVID restrictions, they will soon have to confront a new set of requirements—this time focused on their collection of customers’ biometric information. On July 9, 2021, New York City’s new law addressing the collection and use of biometric identifier information will go into effect.
New Executive Order On Cybersecurity Promises Major Changes Ahead For Government Contractors … And Beyond
United States: New Executive Order On Cybersecurity Promises Major Changes Ahead For Government Contractors … And Beyond 18 May 2021 by Michael A. Vatis and Daniel W. Podair Steptoe & Johnson LLP To print this article, all you need is to be registered or login on Mondaq.com. On May 12, 2021, President Biden signed a landmark Executive Order to improve and modernize the federal government's cybersecurity infrastructure.
New Executive Order on Cybersecurity Promises Major Changes Ahead for Government Contractors … and Beyond
On May 12, 2021, President Biden signed a landmark Executive Order to improve and modernize the federal government’s cybersecurity infrastructure. The Executive Order comes in the wake of numerous cyber incidents targeting the United States, including the so-called SolarWinds, Microsoft Exchange, and Colonial Pipeline incidents. The Executive Order will directly affect government contractors, including companies that sell software to the government or provide IT services.
New York Adopts Cybersecurity Framework for Insurers
On February 4, 2021, the New York State Department of Financial Services (NYDFS) released a Cyber Insurance Risk Framework (the Framework) to assist property and casualty insurers in managing their cyber insurance risk. The Framework comes on the heels of an increased demand for cyber insurance coverage from businesses to protect against the growing and ever-changing threat posed by cyberattacks.
New York Adopts Cybersecurity Framework for Insurers
On February 4, 2021, the New York State Department of Financial Services (NYDFS) released a Cyber Insurance Risk Framework (the Framework) to assist property and casualty insurers in managing their cyber insurance risk. The Framework comes on the heels of an increased demand for cyber insurance coverage from businesses to protect against the growing and ever-changing threat posed by cyberattacks.
California Voters Approve Expansive New Data Privacy Law, Shaking Up the CCPA
For over two years businesses have spent considerable energy preparing for and complying with the California Consumer Privacy Act (CCPA). Businesses now have more work to do after California voters overwhelmingly approved Proposition 24, the California Privacy Rights Act (CPRA), which completely reshapes and overhauls the CCPA.
California Attorney General Proposes More Modifications to CCPA Regulations
Just when you thought you finally had a handle on CCPA compliance, the California Attorney General has proposed additional modifications to the regulations that just became final on August 14. Fortunately, the changes are minor. More significant changes to the CCPA may be just around the corner, though, if California voters approve the California Privacy Rights Act Initiative in a referendum on November 3.
California Extends Exemptions from CCPA for B2B and Employee Information
On September 30, California Gov. Gavin Newsom signed into law AB-1281, which extends until January 1, 2022 the exemptions from the California Consumer Privacy Act (CCPA) for personal information collected as part of a B2B transaction or collected from employees and job applicants. The exemptions apply to most, but not all, of the CCPA requirements. Without AB-1281, the exemptions would have expired on January 1, 2021.
CCPA Regulations Take Effect, Six Weeks After CCPA Enforcement Begins
On Friday, August 14, 2020, California Attorney General Xavier Becerra announced that the regulations implementing the California Consumer Privacy Act (CCPA) have been approved by the California Office of Administrative Law (OAL) and are effective immediately. The attorney general had already begun enforcing the CCPA itself on July 1.
INSIGHT: Voting During a Pandemic-Unprecedented Challenges Lie Ahead
Covid-19 has reshaped our lives, including how we vote. Since the pandemic first arrived in the U.S., states conducting elections have scrambled to provide voters with full access to the ballot box while maintaining health and safety under unprecedented circumstances. These efforts were met with mixed results. The collective experience, however, provides us with a clearer road map to guide states in the remaining contests through and including the November general election.
Data Transfer Considerations in Investigations
Companies that operate in more than one jurisdiction that are either carrying out an internal investigation or are subject to a criminal or regulatory investigation by U.S. law enforcement agencies will almost certainly need to consider the legality of trans-Atlantic data transfers. Under European law, in particular, companies falling short in compliance with data protection laws could face fines of up to the higher of €20 million or 4% of annual global turnover.
Webinar: CCPA Enforcement Is About to Begin: Are You Ready?
On July 1, 2020, the California attorney general is expected to begin enforcing the California Consumer Privacy Act (CCPA), California’s groundbreaking new privacy law which has been in effect since January 1, 2020. In addition, the attorney general is also finalizing regulations that interpret and build upon the CCPA.
INSIGHT: Voting By Mail in November-It’s Not a Matter of if, But How
Following the recent election in Wisconsin, which led to a number of voters contracting Covid-19, there’s been an increasingly heated debate concerning how to provide safe ballot access in November. Various vote-by-mail proposals are being offered at both the state and federal levels. However, the debate over whether to vote-by-mail misses the larger picture. Most states already provide voters with access to a “no excuse required” vote-by-mail option.
Data Security Components of New York's SHIELD Act Take Effect
While most businesses have been preoccupied with navigating the effects of the COVID-19 pandemic, a significant change to businesses’ data security obligations has taken effect in New York. On March 21, 2020, the second part of the Stop Hacks and Improve Electronic Data Security Act (the SHIELD Act) went into effect in New York State. The SHIELD Act was signed into law in July 2019 and part of the legislation, amending New York’s data breach notification law, went into effect last October.
California Attorney General Releases Third Draft of CCPA Regulations
On March 11, California Attorney General (AG) Xavier Becerra released a third version of draft regulations implementing the California Consumer Privacy Act (CCPA). The third draft contains relatively minor changes from the second draft, which was released in February, suggesting that the AG is close to finalizing the regulations, and that enforcement is likely to begin on schedule on July 1, 2020.
CCPA Makes First Court Appearance
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CCPA Makes First Court Appearance
The California Consumer Privacy Act (CCPA) has been in effect only since January 1, but it has already been cited in a lawsuit, apparently for the first time. On February 3, plaintiffs filed a class action complaint in the US District Court for the Northern District of California against retailer Hanna Andersson, LLC and Salesforce.com, Inc., over a data breach suffered by Hanna Andersson.
California Attorney General Releases Modified CCPA Regulations
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
California Attorney General Releases Modified CCPA Regulations
On February 7, 2020, California Attorney General (AG) Xavier Becerra released a second version of draft regulations implementing and interpreting the California Consumer Privacy Act (CCPA). The second iteration of the Attorney General’s draft regulations contain numerous important changes from the initial draft, some of which are summarized in this alert.
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