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Data Breach

The Cybersecurity Incident Reporting Requirements Fail in the Latest Version of the National Defense Authorization Act

December 9, 2021 By Kim Peretti and Lance Taubin

On December 7, 2021, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2022 (NDAA), which notably excluded any cybersecurity incident reporting requirements. In September, the House approved a previous version of the bill that included a mandatory breach notification provision that would have required the Department of Homeland Security’s Cybersecurity […]

Filed Under: Cybersecurity, Data Breach, Ransomware, Security Breach

China’s Initial Draft Regulations on the Management of Online Data Security: Important Takeaways

December 2, 2021 By Kim Peretti, Yin Zhao and Lance Taubin

  On November 14, 2021, the Cyberspace Administration of China (CAC) released draft Regulations on the Management of Online Data Security (the “Regulations”) for China’s data privacy and security laws, including the Cybersecurity Law (CSL), Data Security Law (DSL), and Personal Information Protection Law (PIPL). Consistent with such laws, the Regulations broadly apply to processing […]

Filed Under: China, Cybersecurity, Data Breach, Data Protection, Data Security, Privacy

Federal Bank Regulatory Agencies Release Final Rule to Require Notification of Cyber Incidents

November 22, 2021 By Kate Hanniford and Kristen Bartolotta

On November 18, 2021, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation jointly announced the approval of a final rule to improve the sharing of information about cyber incidents that may affect the U.S. banking system. The rule applies to […]

Filed Under: Cybersecurity, Data Breach, Data Protection, Data Security, Enforcement, Regulation, Security Breach Tagged With: Data Breach Notification

California Federal Court Dismisses Data Security-Related Securities Fraud Class Action

October 1, 2021 By Sierra Shear, Cara Peterman and Madeleine Juszynski

A California federal court has dismissed a putative securities fraud class action alleging that a large title insurer that disclosed a data security incident in May 2019 made false and misleading statements related to its data security practices and the incident.  The dismissal follows the June 2021 settlement of a related Securities & Exchange Commission […]

Filed Under: California, Cyber Risk, Cybersecurity, Data Breach, Data Breach Litigation, NYDFS, Privacy Litigation, Security Breach

Key Takeaways from OFAC’s Updated Ransomware Advisory

September 23, 2021 By Kim Peretti, Kellen Dwyer and Lance Taubin

On September 21, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an “Updated Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments.” While this advisory explicitly supersedes OFAC’s previous ransomware advisory from October 2020, it does not fundamentally alter OFAC’s approach towards ransom payments.  Like the prior guidance, OFAC’s […]

Filed Under: Data Breach, Ransomware, Security Breach

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