Following the SolarWinds cyber espionage attack (the “Attack”) and the resulting focus on supply chain risk, the New York Department of Financial Services (NYDFS) has issued a report detailing the impact on and responses by its regulated covered entities to the Attack. Although there have been no reported instances of active exploitation of DFS-regulated companies […]
Privacy & Cyber Regulatory Enforcement
Russia Sanctioned For Role In SolarWinds Supply Chain Attack
On April 15, 2021, the Biden Administration took a significant step in announcing sanctions against the Russian Government and private Russian entities for multiple internationally-destabilizing activities, including the Russian Foreign Intelligence Service’s (SVR) supply chain attack of the SolarWinds Orion platform and other technology infrastructures. In addition to the sanctions, the Administration also provided practical […]
NYDFS Announces Cybersecurity Settlement, Addresses Multi-Factor Authentication Rules
On April 14, 2021, the New York Department of Financial Services (“NYDFS”) announced a settlement with National Securities Corporation (“National Securities”), a licensed insurer, in connection with claims under the NYDFS Cybersecurity Regulation (23 NYCRR Part 500). The consent order requires payment of a $3M penalty and mandatory remediation in response to alleged failures to […]
The GDPR Reaches the US Supreme Court in Cert Petition
The EU’s General Data Protection Regulation (GDPR) has been raised in a petition for certiorari before the US Supreme Court, apparently for the first time since the GDPR entered into application in 2018. A party in Vesuvius USA Corp. v. Phillips has filed a petition for certiorari in a GDPR-related discovery dispute. Of course, since […]
NYDFS Reports Major Cybersecurity Settlement
In early March, the New York Department of Financial Services (NYDFS) announced a settlement involving a $1.5M penalty and mandatory remediation in response to a mortgage lender’s alleged failure to report a cyber breach, and other alleged cybersecurity failures. This enforcement action marks the second public enforcement action under 23 NYCRR Part 500 (the “Cybersecurity […]