The effects of hurricanes like Harvey and the approaching Irma should be a reminder to all businesses of the importance of disaster recovery planning. When a storm approaches, a business’s first concern is how to protect its employees and physical property. However, we shouldn’t forget that a natural disaster can also destroy a business’s information

The deadline to comply with the first set of requirements under the new DFS Cybersecurity Regulations (“the Regulations”) is here! By today, August 28, 2017, businesses subject to the Regulations must ensure that they:

  1. Designate a Chief Information Security Officer (“CISO”)
  2. Establish a Cybersecurity Program
  3. Develop a Written Cybersecurity Policy.

We have prepared an

Not to be outdone by the recent attention to biometric information in Illinois, and the Prairie State’s Biometric Information Privacy Act (BIPA), Washington enacted a biometric data protection statute of its own, HB 1493, which became effective July 23, 2017.

What it notable about Washington’s new biometric information law?

  • It prohibits “persons” from

Several years ago, we published a short primer for law firms intending to provide a brief discussion of key cybersecurity issues, including some helpful steps for safeguarding the client personal and confidential information they maintain. Since then, attacks against firms have increased, ethical rules are tightening, and clients are growing concerned.  In at

Disclosing protected health information (PHI) to a business associate without a compliant business associate agreement (BAA) is an improper disclosure under the HIPAA privacy and security regulations. According to the HHS Office for Civil Rights (OCR), an error like that can cost a small healthcare provider $31,000.

OCR recently announced a resolution agreement (pdf) with

Facing increasingly pervasive issues relating to privacy and data security companies are faced with what qualifications they should think about when looking to hire experts in these areas, and their role within the company is becoming increasingly vital. Moreover, unlike hiring for other positions it is common that a CEO lacks the knowledge and background

The Association of Corporate Counsel (ACC), which represents over 42,000 in-house counsel across 85 countries, recently released its ACC Chief Legal Officers (CLO) 2017 Survey which found that two-thirds of in-house legal leaders ranked data protection and information privacy as ‘very’ or ‘extremely’ important.  In response to this growing concern, the ACC recently released “first-of-its-kind”

Co-author: Devin Rauchwerger 

The Active Cyber Defense Certainty Act is a new bill that is gaining positive bipartisan support and significant interest from business communities, lawmakers and academics. The proposed bill amends the Computer Fraud and Abuse Act which does not provide adequate deterrence for criminal hacking. The new bill is aimed at helping businesses

We wanted to keep you informed on the progress of the DFS cybersecurity regulations, as they complete their journey through the approval process. DFS has been working on the regulations since its 2013-2014 studies on cybersecurity risks to financial institutions. As reported in our article, Getting Prepared for the New York Department of Financial Services’

In honor of Data Privacy Day, we provide the following “Top 10 for 2017.”  While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2017.

1.  Phishing Attacks and Ransomware – Phishing, as the name implies, is the attempt, usually via email, to obtain sensitive or