General

Jail Time for Executives? Federal Privacy Proposals Have Teeth

By

2019 will bring significant privacy law changes in the U.S. These changes will require significant compliance efforts by companies operating in the U.S. this year. It is still an open question as to whether those compliance efforts will be in connection with a new federal privacy law or the California Consumer Privacy Act of 2018 (CCPA). Numerous companies and members of Congress are calling for federal legislation. Momentum is building. However, unless legislative action is immediate in the new Congress, it is time for companies to begin efforts to comply with the CCPA, if they have not already done so.

SEC Report on Internal Controls, Cybersecurity

By

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

By

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

By

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

By

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

By

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

By

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

By

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

By

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

By

    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

Post navigation