The SEC’s recent enforcement action and settlement with Altaba (formerly known as Yahoo) over the company’s major data breach provides a suggested roadmap for how companies may want to proactively approach data breach issues. Some major takeaways are: (1) companies
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Now That All U.S. States Have Data Breach Laws, National Breach Reporting Is Even More Complex
With Alabama’s recent enactment of the Alabama Data Breach Notification Act of 2018 (“Act”), all 50 states now have their own data breach reporting statutes. Given the complexity of the current U.S. data breach reporting regime, which also includes statutory…
GDPR – It’s Not Too Late to Work Towards Compliance
Everyone has been to a lot of presentations, read articles and evaluated the General Data Privacy Regulation (“GDPR”) – yet many questions remain.
Many companies continue to struggle with determining whether (1) the GDPR applies to them and, if so,…
New York State Seeks Proposals for Large-Scale Renewable Projects
New York State (“NYS” or “State”) is launching a second round of request for proposals (“RFPs”) for large-scale renewable projects. According to NYS Energy Research and Development Authority (“NYSERDA”), the State is seeking to accelerate progress to achieve the lofty…
CERCLA Changes Bring More Funding for Cleanups and Comfort for Tenants
New revisions to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) have been enacted as part of the Brownfields Utilization, Investment, and Local Development Act of 2018 (“BUILD Act”). Key changes include extension of the Bona Fide Prospective Purchaser…
Protecting Your Business: The Significance of Record Management and Retention Policies
Both large and small companies can be overwhelmed by the volume of records that they create both in paper and electronic formats. What does your company do with this mountain of paper and electronic records? How long should your company…
Additional Proposed Revisions to NY SEQRA Regulations Released, Removing a Number of Proposed Type II Actions from Consideration
Co-location of wireless antennas, as well as a handful of other actions, may be removed from the previously proposed list of Type II actions that would not be subject to New York’s State Environmental Quality Review Act (“SEQRA”). These and…
DFS Answers New FAQs Regarding Filing Procedures Under DFS Cybersecurity Regulation
The New York Department of Financial Services (“DFS”) recently issued two additional answers to frequently asked questions related to filing procedures required by the DFS Cybersecurity Regulation (“Regulation”). The new FAQs come in the wake of the Regulation’s first annual…
DEC Undertaking Statewide PFAS Evaluation at Remediation Sites
The New York State Department of Environmental Conservation (“DEC”) is requiring owners of remediation sites across the State (including those already remediated to DEC’s satisfaction) to analyze and report on the presence of 1,4-dioxane and per- and polyfluoroalkyl substances (collectively…
State Budget Deal Maintains ESCO Sales Tax Exemption
Governor Andrew Cuomo’s proposed 2019 budget originally proposed the elimination of an important sales tax exemption that allows certain customers of Energy Service Companies (“ESCOs”) to receive electric and gas supply without paying transmission and distribution sales tax. Currently, nonresidential…