For years, the Gramm-Leach-Bliley Act (GLBA) has required financial institutions to maintain reasonable safeguards for consumer data, but has only had limited breach-reporting requirements. To the extent financial institutions were subject to breach-reporting obligations, these were set by non-GLBA legislation, such as state law, or by relatively narrow incident-reporting rules under Interagency Guidelines overseen by […]
Crisis & Data Breach Response
LockBit Takedown Indicates Shifting DOJ Cyber Strategy and Has Implications for Ransomware Victims
On May 7, 2024, the United States unsealed an indictment against Dmitry Yuryevich Khoroshev, one of the leaders of the Russian-based ransomware group LockBit, for his alleged involvement in developing and distributing the LockBit ransomware. According to the indictment, Khoroshev performed both administrative and operational roles for the cybercrime group, including upgrading the LockBit infrastructure, […]
CISA Posts Notice of Proposed Rulemaking Under CIRCIA
On March 27, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) published a notice of proposed rulemaking (NPRM) implementing the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA). For additional background on CIRCIA, see our prior advisory. CISA is required to issue a final rule by October 4, 2025. Who is required to report covered […]
More Guidance from HHS on Online Tracking Technologies but Questions Remain
Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated Guidance”). The Updated Guidance amends and supersedes HHS’s original guidance on the use of digital tracking technologies published on December 1, 2022 (the “Prior Guidance”). […]
NY AG’s Office Announces Significant Cybersecurity Settlement with Healthcare Company
On January 5, 2024, the New York Attorney General’s Office (“NY AG”) announced a settlement with Refuah Health Center, Inc. (“Refuah”) based on the company’s alleged failures to appropriately safeguard its patients’ information, including failing to encrypt patient information or use multifactor authentication, which allegedly resulted in a May 2021 ransomware attack that impacted approximately […]