The FTC issued an Opinion and Final Order reversing the previously dismissed charges against LabMD on July 29. FTC Administrative Law Judge (ALJ) D. Michael Chappell had dismissed the case against LabMD on November 13, 2015 based on an insufficient showing of harm, as required to find an act or practice unfair under § 5 […]
Board Governance & Cyber Risk Management
FERC Takes Action on Cybersecurity in Response to Ukrainian Cyber Attacks
The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Inquiry (“NOI”) and Final Rule at the end of July to address several urgent cybersecurity issues affecting the bulk electric system. FERC is taking these actions in the face of increasingly sophisticated threats to our power grid, including in response to an actual cyber-attack against Ukraine’s electricity […]
German DPAs Will Not Be Able to Challenge Privacy Shield this Year
Even before the ECJ’s Schrems decision invalidated Safe Harbor, the European Commission had begun working closely with US negotiators to craft what has become the U.S.-EU Privacy Shield. While EU privacy leaders have noted that Privacy Shield represents important improvements in data protection, some German DPAs have voiced a desire to challenge Privacy Shield in […]
EU Commission Publishes Long-Awaited Privacy Shield Citizen’s Guide
Just over two weeks ago, the European Commission formally adopted the US-EU Privacy Shield. As part of making Privacy Shield accessible to EU residents, the Commission has long planned to issue a “Citizen’s Guide” to the rights and remedies EU residents enjoy when data is transferred to certified Privacy Shield organizations. (A leader in the Commission’s Directorate-General […]
President Obama Issues Directive on Government Cyber Incident Response
Last week, President Obama issued a new Presidential Policy Directive (PPD) establishing principles to govern the federal government’s response to cyber incidents, “whether involving government or private sector entities.” Titled “PPD-41,” the document also designates the lead federal agencies for so-called significant cyber incidents and creates an “architecture for coordinating the broader Federal Government response” […]