The SEC’s Division of Examinations last week announced its 2023 “examination priorities.” The division’s annual announcement of priorities provides valuable insight into the categories of registrants most likely to be the subject of an SEC examination and the issues most likely to be a focus of those examinations. In determining its priorities, the division employs
Cybersecurity
A Tale of Two Functions: Weighing Business and Legal Considerations in the Wake of a Data Breach to Preserve Attorney-Client Privilege and Work Product Protections
In-house counsel faced with a data breach encounter a difficult balancing act. On the one hand, it is critical to determine the cause of the breach and generate a plan to bolster security systems to reduce the likelihood of similar occurrences in the future. On the other hand, these same reports, usually performed by third-party…
What the Proposed North Carolina Regulatory Sandbox Could Mean for Fintech and the Financial Services Community
Technology is booming and financial technology (“fintech”) is advancing society in new and innovative ways. In 2021 alone, North Carolina has been the target for some very high-profile technology announcements, including Google’s plans to open a cloud engineering hub in Durham and Apple’s new campus in Research Triangle Park. Given the upward trajectory of this…
New Cyber Insurance Risk Framework Provides Best Practices for the Insurance Industry
The cyber insurance market size is currently valued in the billions, and this does not include insurance policies that do not explicitly mention cyber incidents but may nevertheless cover them. With this in mind, policyholders and insurance carriers should be aware of the recently released Cyber Insurance Framework (the “Framework”) issued by the New York…
The Perils of Responding to Cyber-Incidents Just Got More Complicated
It’s 8 a.m., and you just learned that a material cyber-incident occurred in your organization. You fire up your Incident Response Plan. You engage outside counsel, and outside counsel engages a forensic firm. Your company, your outside counsel, and your forensic firm all sign an agreement that the forensic firm will work at the direction…
What You Need to Know About Address Confidentiality Programs
The High-Stakes Compliance Risk You Probably Haven’t Heard Of
This is the first installment in Bradley’s series on Address Confidentiality Programs.
While many businesses have been focused on CCPA compliance, there is another set of state privacy laws that may be flying under your organization’s radar. These lesser known statutes are often referred to as…
The Top 5 Reasons Your CCPA Work Is Far from Over
So, you managed to get your California Consumer Privacy Act disclosures and privacy policy up on your website and you can finally take some much-needed rest, right? Think again. And no, it’s not because of the “CCPA-like” statutes coming to a state near you that you’re undoubtedly reading about (and yes, they are coming). It’s
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California’s Bot Transparency Law Goes into Effect on July 1, 2019
California wants to ensure that consumers know what they are talking to.
On July 1, 2019, California’s new bot disclosure law will take effect, requiring bots to be upfront about their inhumanity. The law prohibits bots from communicating with a person in California with the intent to mislead as to their artificial identity for the…
New “Do Not Sell” Nevada Privacy Law Requirement Rolls Out Ahead of CCPA Deadline
States across the country are floating privacy-related legislation in many forms, and California continues to consider many potential amendments to the landmark California Consumer Privacy Act (Cal. Civ. Code 1798.100 et seq., “CCPA”), which goes into effect on January 1, 2020. On May 30, a law of significance to sellers of consumer personal information was…
New Year, New Data Security Requirement: South Carolina Adopts New Data Security Law
On January 1st, South Carolina became the first state to adopt the model insurance data security law requiring certain insurance licensees to investigate and report cybersecurity events in the state of South Carolina. The law also requires licensees to develop, implement and maintain written information security programs that are tailored to the size,…