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Articles by Eric Setterlund
A Flood of CIPA Wiretap Claims Is Hitting Websites Nationwide | JD Supra
Demand letters and copycat lawsuits are piling up on the desks of in-house counsel and business owners around the country, all making the same claim: that an ordinary website is secretly running an illegal wiretap. We've watched California Invasion of Privacy Act (CIPA) claims climb sharply over the past several months. The playbook is easy to spot.
Florida's Renewed Push For Cyber Litigation Reform
Bradley Arant Boult Cummings LLP are most popular: within International Law and Cannabis & Hemp topic(s) with Senior Company Executives, HR and Finance and Tax Executives in United States with readers working within the Consumer Industries and Oil & Gas industries Florida lawmakers are once again weighing whether to provide litigation protections to companies that invest in meaningful cybersecurity safeguards.
From Convenience To Courtroom: Florida's Expanding Website "Wiretapping" Litigation Risk
Bradley Arant Boult Cummings LLP are most popular: within International Law and Cannabis & Hemp topic(s) with Senior Company Executives, HR and Finance and Tax Executives in United States with readers working within the Consumer Industries and Oil & Gas industries Listen to this post Retailers. Banks. Healthcare systems. E-commerce platforms. Across industries, live chat, session replay software, and website analytics have become standard tools for customer engagement.
Data Breach Incident Response Seminar
Register Tuesday, February 24, 2026 7:30 AM-9:30 AM CST Join Bradley's interactive seminar in our Atlanta office on Tuesday, February 24, 2026 to navigate the complexities of data breach response. This comprehensive seminar will provide in-depth insights from top legal professionals at Bradley and special guest Tony DeSarro of KPMG. Pending bar approval, attendees can earn up to 2 hours of CLE credit for participating.
From Convenience to Courtroom: Florida’s Expanding Website “Wiretapping” Litigation Risk
Retailers. Banks. Healthcare systems. E-commerce platforms. Across industries, live chat, session replay software, and website analytics have become standard tools for customer engagement. These technologies help businesses respond to consumer inquiries in real time, improve website functionality, reduce cart abandonment, train customer service teams, and resolve disputes. For companies operating nationally, the landscape is shifting quickly.
AVHANDLINGAR.SE: Dissertatio, de lege Kepleriana, comparandi distantias planetarum medias a sole, quam, cons. ampl. ord. philos. Upsal. publico examini subjiciunt Olaus Åkerrén, ... et Ericus Setterlund, Sudermanni, in audit. Gust. maj. d. XII Maji MDCCLX
Dissertatio, de lege Kepleriana, comparandi distantias planetarum medias a sole, quam, cons. ampl. ord. philos. Upsal. publico examini subjiciunt Olaus Åkerrén, ... et Ericus Setterlund, Sudermanni, in audit. Gust. maj. d. XII Maji MDCCLXXXIV KLICKA HÄR FÖR ATT SE AVHANDLINGEN I FULLTEXT. (PDF-format)
Tennessee Data Privacy Law (TIPA) Effective July 1: Are You Prepared?
July 1 marked the official enforcement date of the Tennessee Information Protection Act (TIPA), the state’s comprehensive consumer privacy law. Signed into law in 2023, TIPA grants consumers specific rights concerning their personal information and regulates covered businesses and service providers that collect, use, share, or otherwise process consumers’ personal information.
Effective Third Party Risk Management in Healthcare and Financial Services
Bradley’s Q3 Privacy Roundtable Tuesday, August 19, 2025 12:00 PM-1:00 PM EST Join Bradley and special co-host UpGuard on Tuesday, August 19 from 12:00 - 1:00 pm EST for an insightful roundtable webinar on navigating the complexities of third-party risk management tailored for the healthcare and financial services industries. We will delve into methods for quantifying and managing risks associated with vendors and SaaS agreements.
Colorado’s Artificial Intelligence Act (CAIA) Updates: A Summary of CAIA’s Consumer Protections When Interacting with Artificial Intelligence Systems | JD Supra
During the 2024 legislative session, the Colorado General Assembly passed Senate Bill 24-205, which is known as the Colorado Artificial Intelligence Act (CAIA). This law will take effect on February 1, 2026, and requires developers and deployers of a high-risk AI system to protect Colorado residents (“consumers”) from risks of algorithmic discrimination. Notably, the Act also requires that developers or deployers must disclose to consumers that they are interacting with an AI system. Colorado Gov.
Top 10 takeaways from the new HIPAA security rule NPRM | JD Supra
The NPRM would require more-formalized written security incident response plans and procedures, documenting how workforce members are to report suspected or known security incidents, as well as how the regulated entity should identify, mitigate, remediate, and eradicate any suspected or known security incidents. Incident response plans must be reviewed and tested at least once every 12 months and modified thereafter as reasonable and appropriate. 7.
Top 10 takeaways from the new HIPAA security rule NPRM
Thomson Reuters On Jan. 6, 2025, the U.S. Department of Health and Human Services (HHS) proposed new regulations to enhance cybersecurity protections for electronic protected health information (ePHI) under the Health Insurance Portability and Accountability Act (HIPAA). This Notice of Proposed Rulemaking, opens new tab (NPRM) marks the first significant update since the HIPAA Security Rule's original publication in 2003 and its last revision in 2013.
HHS’s Proposed Security Rule Updates Will Require Adjustments to Accommodate Modern Vulnerability and Incident Response Issues | JD Supra
In this week’s installment of our blog series on the U.S. Department of Health and Human Services’ (HHS) HIPAA Security Rule updates in its January 6 Notice of Proposed Rulemaking (NPRM), we discuss HHS’s proposed rules for vulnerability management, incident response, and contingency plans (45 C.F.R. §§ 164.308, 164.312). Last week’s post on the updated administrative safeguards is available here.
HHS’s Proposed Security Rule Updates Will Require Adjustments to Accommodate Modern Vulnerability and Incident Response Issues
In this week’s installment of our blog series on the U.S. Department of Health and Human Services’ (HHS) HIPAA Security Rule updates in its January 6 Notice of Proposed Rulemaking (NPRM), we discuss HHS’s proposed rules for vulnerability management, incident response, and contingency plans (45 C.F.R. §§ 164.308, 164.312). Last week’s post on the updated administrative safeguards is available here.
HHS’s Proposed Security Rule Updates Will Require Adjustments to Accommodate Modern Vulnerability and Incident Response Issues
In this week’s installment of our blog series on the U.S. Department of Health and Human Services’ (HHS) HIPAA Security Rule updates in its January 6 Notice of Proposed Rulemaking (NPRM), we discuss HHS’s proposed rules for vulnerability management, incident response, and contingency plans (45 C.F.R. §§ 164.308, 164.312). Last week’s post on the updated administrative safeguards is available here.
New York, Texas, and Virginia Ban DeepSeek AI Over Security Conce
New York, Texas, and Virginia are the first states to ban DeepSeek, the Chinese-owned generative artificial intelligence (AI) application, on state-owned devices and networks. Texas was first to tackle the problem when it banned state employees from using both DeepSeek and RedNote on January 31, 2025.
Privacy Tip #431 – DOGE Has Access to Our Personal Information: What You Need to Know
According to a highly critical article recently published by TechCrunch, the Department of Government Efficiency (DOGE), President Trump’s advisory board headed by Elon Musk, has “taken control of top federal departments and datasets” and has access to “sensitive data of millions of Americans and the nation’s closest allies.” The author calls this “the biggest breach of US government data.” He continues, “[w]hether a feat or a coup (which depends entirely on your point of view), a small group...
HHS Security Rule NPRM Proposes Makeover for Administrative Safeguard Compliance for Regulated Entities
Skip to main content February 13, 2025 Volume XV, Number 44 Legal Analysis. Expertly Written. Quickly Found.
HHS’s Proposed Security Rule Updates Will Substantially Increase the Controls Needed to Comply with the Technical Safeguard Requirements | JD Supra
In this week’s installment of our blog series on the U.S. Department of Health and Human Services’ (HHS) HIPAA Security Rule updates in its January 6 Notice of Proposed Rulemaking (NPRM), we are tackling the proposed updates to the HIPAA Security Rule’s technical safeguard requirements (45 C.F.R. § 164.312). Last week’s post on group health plan and sponsor practices is available here.
The DEI Whirlwind Continues - New Lawsuit Challenges Constitutionality of Anti-DEI Orders
On Monday, February 3, a group of organizations, including representatives of university diversity officers, sued President Trump and his administration, seeking to halt and declare unconstitutional two executive orders aimed at ending diversity, equity, and inclusion (DEI) programs. The lawsuit, filed in the U.S. District Court of the District of Maryland, challenges Trump’s orders as exceeding his constitutional authority and violating principals of equality.
HHS’s Proposed Security Rule Updates Will Substantially Increase the Controls Needed to Comply with the Technical Safeguard Requirements
Skip to main content February 06, 2025 Volume XV, Number 37 Legal Analysis. Expertly Written. Quickly Found.
B2B AI Technology Services Negotiations: Unique Issues in Negotiating Healthcare AI Technology Services from Vendor and End-User Perspectives
The Complexities of AI in Health Care Register Wednesday, February 05, 2025 1:45 PM-3:00 PM EST Renaissance Orlando at Sea World 6677 Sea Harbor Drive Orlando, FL 32821 In this session, we will discuss contracting approaches to unique issues raised by engaging Artificial Intelligence so that both the vendor and end-user are able to mitigate risk and maximize the benefits of the technology.
Introducing Bradley’s Series on HHS’s Proposed HIPAA Security Rule Updates | JD Supra
Bradley is launching a multipart blog series on the U.S. Department of Health and Human Services’ (HHS) proposed changes to strengthen cybersecurity protections for electronic protected health information (ePHI) regulated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Notice of Proposed Rulemaking (NPRM) was published on January 6, 2025 and applies to covered entities and their business associates under HIPAA.
Pentagon's cybersecurity rules reflect the growing threat from state-sponsored hackers | JD Supra
While cybercriminals conducting denial-of-service and ransomware attacks are certainly of concern, the CMMC is designed to meet the rising threat from state-sponsored hackers attempting to pilfer defense technologies, plans, and intelligence to undermine our national security. While Russia, Iran, and North Korea all pose cybersecurity risks to the nation's defense industrial base, the primary threat is from China.
Cybersecurity Awareness Month Spotlight: The 5 Most Essential Reads from Online & On Point
October is Cybersecurity Awareness Month, making it an ideal time to revisit the most impactful and widely-read blog posts on our Cybersecurity & Privacy blog from the past year. As cyber threats become more sophisticated and widespread, staying informed is crucial.
Website Risks: Evolving Landscape of Privacy Litigation
Bradley’s Q4 Privacy Roundtable Thursday, October 24, 2024 12:00 PM-1:00 PM EST This session featuring special guest Orson Lucas, of KPMG, will explore the intricacies of website privacy policies, state privacy law, website configuration, and novel legal claims. Our panel will provide a comprehensive overview of the legal landscape, highlight best practices for compliance, and offer practical tips for safeguarding sensitive information.
Pentagon's cybersecurity rules reflect the growing threat from state-sponsored hackers
(November 08, 2024) - Jack Harrington and Eric Setterlund of Bradley Arant Boult Cummings LLP discuss how the U.S. Defense Department's final rule implementing its cybersecurity program affects federal contractors.
Ransomware Reckoning – The New Bill Changes the Game | JD Supra
The Intelligence Authorization Act for Fiscal Year 2025 (S.4443) is a bold legislative step in addressing ransomware as a critical threat. The act’s provisions, from elevating ransomware to a national intelligence priority to establishing an AI Security Center, illustrate the U.S.’s comprehensive approach to tackling this complex issue. The act sets the stage for a resilient defense against ransomware by fostering public-private partnerships and maintaining accountability.
Ransomware Reckoning - The New Bill Changes the Game
The Intelligence Authorization Act for Fiscal Year 2025 (S.4443) is a bold legislative step in addressing ransomware as a critical threat. The act’s provisions, from elevating ransomware to a national intelligence priority to establishing an AI Security Center, illustrate the U.S.’s comprehensive approach to tackling this complex issue. The act sets the stage for a resilient defense against ransomware by fostering public-private partnerships and maintaining accountability.
Social Determinants of Health: Integrating Data, Law, and Whole Person Care AHLA's Speaking of Health Law [Podcast]
Eric Setterlund, Partner, Bradley Arant Boult Cummings LLP, speaks with Melissa Soliz, Partner, Coppersmith Brockelman PLC, Annie Harrington, Chief Legal Officer, Pyx Health, and Sarah Raybin, Counsel, Vanderbilt University Medical Center, about how to launch a successful social determinant of health (SDOH) platform for sharing data among a patient’s care team.
Balancing Act: Industry Concerns Over CISA’s Proposed Cyber Incident Reporting Rule | JD Supra
As discussed in our previous blog post, the Cybersecurity and Infrastructure Security Agency (CISA) is proposing a significant new rule to bolster the nation’s cyber defenses through mandatory incident reporting. While designed to enhance CISA’s ability to monitor and respond to cyber threats, the rule has ignited a contentious debate. The concerns raised highlight the delicate balance between strengthening national security and avoiding undue burdens on businesses.
Balancing Act: Industry Concerns Over CISA’s Proposed Cyber Incident Reporting Rule
As discussed in our previous blog post, the Cybersecurity and Infrastructure Security Agency (CISA) is proposing a significant new rule to bolster the nation’s cyber defenses through mandatory incident reporting. While designed to enhance CISA’s ability to monitor and respond to cyber threats, the rule has ignited a contentious debate. The concerns raised highlight the delicate balance between strengthening national security and avoiding undue burdens on businesses.
Rise in Healthcare Data Breaches & the Impact for Healthcare Providers in 2024 | JD Supra
The healthcare sector is increasingly facing cyber-threats with ransomware and hacking at the forefront. In the last five years, there has been a staggering 256% rise in significant hacking-related breaches and a 264% surge in ransomware incidents reported to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Hacking alone was responsible for 79% of the major breaches reported to OCR in 2023.
Rise in Healthcare Data Breaches & the Impact for Healthcare Providers in 2024
The healthcare sector is increasingly facing cyber-threats with ransomware and hacking at the forefront. In the last five years, there has been a staggering 256% rise in significant hacking-related breaches and a 264% surge in ransomware incidents reported to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Hacking alone was responsible for 79% of the major breaches reported to OCR in 2023.
Rise in Healthcare Data Breaches & the Impact for Healthcare Providers in 2024
The healthcare sector is increasingly facing cyber-threats with ransomware and hacking at the forefront. In the last five years, there has been a staggering 256% rise in significant hacking-related breaches and a 264% surge in ransomware incidents reported to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Hacking alone was responsible for 79% of the major breaches reported to OCR in 2023.
Florida Bill Proposes Safe Harbor Against Breach Suits to Businesses Maintaining Recognized Cybersecurity Programs | JD Supra
A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures that meet government- and industry-recognized standards. Specifically, Florida House Bill No. 473 (H.B. 473), known as the Cybersecurity Incident Liability Act, was introduced and reported favorably in the Commerce Committee on Jan.
Florida Bill Proposes Safe Harbor Against Breach Suits to Businesses Maintaining Recognized Cybersecurity Programs
A recently introduced bill in the Florida Legislature would provide businesses operating in Florida with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures that meet government- and industry-recognized standards. Specifically, Florida House Bill No. 473 (H.B. 473), known as the Cybersecurity Incident Liability Act, was introduced and reported favorably in the Commerce Committee on Jan.
HHS Develops Strategy to Improve Security in the Healthcare Sector
The Department of Health & Human Services (HHS) released a concept paper outlining its strategy for improving cybersecurity infrastructure within the healthcare sector. The paper calls for proposing healthcare-specific cybersecurity performance goals that will include both minimum foundational practices and advanced goals for cybersecurity performance.
The California “Delete Act” Becomes Law
On October 10, 2023, California Gov. Gavin Newsom signed SB 362 into law. The “Delete Act” is a key piece of privacy legislation designed to further protect consumer online privacy rights and place further obligations on data brokers. The Delete Act heavily amends California’s existing data broker law and seeks to establish a one-stop shop for consumers to make a singular request that all data brokers delete their personal information.
The California “Delete Act” Becomes Law | JD Supra
On October 10, 2023, California Gov. Gavin Newsom signed SB 362 into law. The “Delete Act” is a key piece of privacy legislation designed to further protect consumer online privacy rights and place further obligations on data brokers. The Delete Act heavily amends California’s existing data broker law and seeks to establish a one-stop shop for consumers to make a singular request that all data brokers delete their personal information.
The California “Delete Act” Becomes Law
On October 10, 2023, California Gov. Gavin Newsom signed SB 362 into law. The “Delete Act” is a key piece of privacy legislation designed to further protect consumer online privacy rights and place further obligations on data brokers. The Delete Act heavily amends California’s existing data broker law and seeks to establish a one-stop shop for consumers to make a singular request that all data brokers delete their personal information.
FTC and OCR Take Aim at Tracking Pixels in Joint Letter Warning Hospitals and Telehealth Providers About Privacy and Security Risks Associated with Online Tracking Technology | Bradley Arant Boult Cummings LLP - JDSupra
In July 2023, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services Office of Civil Rights (OCR) sent a joint letter to approximately 130 hospital systems and telehealth providers raising concerns about privacy and security risks associated with certain online tracking technologies.
The Imperative of Cyber Preparedness: The Power of Tabletop Exercises | JD Supra
In an age where digital connectivity is rapidly advancing, cybersecurity has become an inescapable concern for organizations across industries. With cyber threats ranging from data breaches to ransomware attacks, it is paramount that companies remain vigilant and prepared.
Tabletop Exercises as Risk Mitigation Tools | JD Supra
As cyber threats have evolved and expanded, cybersecurity has emerged as a threat to organizations across sectors, and there is more urgency than ever for companies to remain vigilant and prepared. Cybersecurity incidents can come with legal implications and lead to substantial financial losses, and members of the board must increasingly be involved and knowledgeable on cybersecurity to safeguard the company’s reputation – and their own.
Tabletop Exercises as Risk Mitigation Tools
As cyber threats have evolved and expanded, cybersecurity has emerged as a threat to organizations across sectors, and there is more urgency than ever for companies to remain vigilant and prepared. Cybersecurity incidents can come with legal implications and lead to substantial financial losses, and members of the board must increasingly be involved and knowledgeable on cybersecurity to safeguard the company’s reputation – and their own.
How a Zero-Day Flaw in MOVEit Led to a Global Ransomware Attack
In an era where our lives are ever more intertwined with technology, the security of digital platforms is a matter of national concern. A recent large-scale cyberattack affecting several U.S. federal agencies and numerous other commercial organizations emphasizes the criticality of robust cybersecurity measures.
Does Tennessee Information Protection Act Apply To Your Business
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Tennessee Passes Comprehensive Data Privacy Law | JD Supra
Tennessee has joined the growing number of states that have enacted comprehensive data privacy laws. On the final day of this year’s legislative session, the Tennessee legislature passed the Tennessee Information Protection Act (TIPA), and Governor Bill Lee signed TIPA into law on May 11, 2023. TIPA marks a significant development in data privacy for businesses operating in the state.
Tennessee Passes Comprehensive Data Privacy Law
Tennessee has joined the growing number of states that have enacted comprehensive data privacy laws. On the final day of this year’s legislative session, the Tennessee legislature passed the Tennessee Information Protection Act (TIPA), and Governor Bill Lee signed TIPA into law on May 11, 2023. TIPA marks a significant development in data privacy for businesses operating in the state.
Tennessee Passes Comprehensive Data Privacy Law
Tennessee has joined the growing number of states that have enacted comprehensive data privacy laws. On the final day of this year’s legislative session, the Tennessee legislature passed the Tennessee Information Protection Act (TIPA), and Governor Bill Lee signed TIPA into law on May 11, 2023. TIPA marks a significant development in data privacy for businesses operating in the state.
Data Privacy Day Is Here; Bradley to Host Webinar on January 27
Data Privacy Day, annually celebrated on January 28, is the new year nudge we need to prioritize the safety of our personal information. The digital world will continue to evolve, and the line between our online and offline lives will continue to blur. As we continue to rely on digital technology to manage our personal and professional lives, we must rethink what we share, when we share, how we share, and who we share it with.
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