The SEC has settled an enforcement action against a large title insurer in connection with public statements and disclosures made by the company in May 2019 relating to a data security incident. The underlying data security incident was the subject of the first set of charges brought by the New York Department of Financial Services […]
Board Governance & Cyber Risk Management
DOJ Seizure of Ransom Payment Signals More Aggressive Stance by U.S. Government
Following the creation of the DOJ’s Ransomware and Digital Extortion Task Force in April 2021 and on the heels of the Biden administration’s characterization of ransomware as a national security threat, on June 7, 2021, the DOJ announced it has seized $2.3 million (63.7 bitcoin) in proceeds from a recent ransom paid to DarkSide in […]
Alston & Bird Publishes 10 Key Takeaways from the New Standard Contractual Clauses
As highlighted by this blog on Friday, the European Commission has published long-awaited Standard Contractual Clauses (SCCs). These represent the first updates to the SCCs in over a decade, with the last updates having been made in 2010. Alston & Bird partner Wim Nauwelaerts has now published an advisory titled “10 Key Takeaways from the […]
European Commission Publishes Long-Awaited New Standard Contractual Clauses
Today, the European Commission published finalized versions of new Standard Contractual Clauses (SCCs). The Commission has published two sets of clauses: A set of SCCs to be used in controller-to-processor situations in conjunction with Art. 28 GDPR “data processor” terms applicable to such situations. A more general set of modular SCCs that can be used […]
The Supreme Court Narrows The Scope of The Computer Fraud and Abuse Act
Today, the Supreme Court issued a long-awaited decision in Van Buren v. United States interpreting the meaning of “exceeds authorized access” under the Computer Fraud and Abuse Act (“CFAA”). The 6-3 majority, led by Justice Barrett and joined by Justices Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, rejected the Government’s broad definition of this phrase. While […]