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SEC Report on Internal Controls, Cybersecurity

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Cyber-security has become – or perhaps should be – a key area of concern for every enterprise. The risks are substantial for the firm, its shareholders, executives and customers as recent cases illustrate. Every enterprise large or small is a potential victim. The losses can and often are substantial not just in dollars but also in trust, customers and more. The Commission has issued guidance. The agency has also brought enforcement actions.

Now, however, the Commission has issued a report based on nine investigations of firms involved in a variety of industries, cautioning about cyber risks in the context of the firm’s obligations to maintain proper internal controls. Report of Investigation Pursuant to Section 21(a) of the Exchange Act Regarding Certain Cyber-Related Frauds Perpetrated Against Public Companies, October 16, 2018. 

Extraterritorial Application of The GDPR

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By:  Ron Moscona, Jamie Nafziger and Clint Conner The EU General Data Protection Regulation (GDPR), which is billed as the most important development in data privacy regulation in at least 20 years, arrived with a bang in May of this year and companies have been scrambling to implement compliance measures that will avoid its stiff… Read More

Will California’s New Privacy Law be Preempted? Federal Hearings and Public Comments Begin

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Although numerous attempts have been made to pass a comprehensive U.S. privacy law over the years, this one might actually succeed. Efforts have begun on multiple fronts. From Senate Commerce Committee hearings to several federal agencies vying for which will lead a federal regulatory effort, privacy is a hot topic in Washington, DC. Businesses should take immediate action to enter the discussions if they have not already done so. Comments on a proposed federal framework are due October 26, 2018. The Commerce Committee will hold additional hearings in October. Industry is coming to the table in an attempt to avoid facing a jumble of inconsistent state privacy laws.

Digital Assets a Focus Point for Regulators

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By:  Genna Garver, Daniel Baich, Kimberly Frumkin As investor interest in cryptocurrencies has picked up, government agencies and non-governmental organizations tasked with protecting investors are taking a harder look at these virtual investment products. While the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), Financial Industry Regulatory Authority (FINRA), and the National Futures Association… Read More

Will California’s New Privacy Law be Preempted? Federal Hearings and Public Comments Begin

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Although numerous attempts have been made to pass a comprehensive U.S. privacy law over the years, this one might actually succeed.  Efforts have begun on multiple fronts.  From Senate Commerce Committee hearings to several federal agencies vying for which will lead a federal regulatory effort, privacy is a hot topic in Washington, DC.  Businesses should take immediate action to enter the discussions if they have not already done so.  Comments on a proposed federal framework are due October 26, 2018.  The Commerce Committee will hold additional hearings in October.  Industry is coming to the table in an attempt to avoid facing a jumble of inconsistent state privacy laws.

Updated Alert: Governor Brown Signs Amendments to the California Consumer Privacy Act of 2018

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By:  Joseph Lynyak, Robert Cattanach, and Sam Bolstad 1. Introduction On June 28, 2018, the California Legislature unanimously passed, and the Governor immediately signed, a sweeping expansion of data privacy protections for residents of California.1 Assembly Bill No. 375, entitled the “California Consumer Privacy Act of 2018” (the “CCPA”), goes far beyond current U.S. privacy protections,… Read More

California Unanimously Enacts Comprehensive Digital Privacy Law

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Back in 1972, California voters added privacy to the state constitution’s list of inalienable rights. On June 28, 2018, the California Legislature enacted and Governor Brown signed the California Consumer Privacy Act of 2018. The new Privacy Law creates one of the most comprehensive frameworks for regulating digital privacy in the United States. 

Full Akerman: Trump’s attempt to manipulate the justice system is one big obstruction

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Recent discussion on MSNBC regarding Trump’s obstruction of justice Tweet containing: Full Akerman: Trump’s attempt to manipulate the justice system is one big obstruction via @Yahoo Watergate special assistant attorney Nick Akerman explains how Trump’s dealings with the Russia probe and justice department show a clear pattern of behavioR.   Watergate special assistant attorney Nick… Read More

My take on Trump and the Mueller investigation in Politico

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    Nick Akerman is amazing! I find his insight to be amongst the best. — RunNifRun (@RunNifRun) May 9, 2018 Mueller’s supposed questions released by the White House   Nick Akerman, a former Watergate prosecutor, also said the most interesting questions may not have been included in the set provided to Trump’s lawyers. “The… Read More

My Latest MSNBC Appearance: Stormy Daniels’ Lawyer: Michael Cohen paid by Russian oligarch tied to Putin

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  ‘Collusion 101’: Ari Melber Says Russia Payments Could Be Smoking Gun That Takes Down Trump https://t.co/wJ71y8bkuv pic.twitter.com/3FgBzrGWvl — Sarah Reese Jones (@PoliticusSarah) May 9, 2018 My appearance last night with Ari Melber talking about the new revelation about Michael Cohen’s bank accounts.   Michael Avenatti releases new documents alleging Trump lawyer Michael Cohen was… Read More

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