Last month, the Eleventh Circuit Court of Appeals dismissed claims brought in a putative class action seeking damages for disclosure of credit card information in a data breach resulting from a cyberattack. In I Tan Tsao v. Captiva MVP Restaurant
Cleary Cybersecurity and Privacy Watch
Global Legal Developments related to Cybersecurity Incidents, Cyber Corporate Governance and Regulation Issues, and Privacy and Data Protection Laws
Cleary Cybersecurity and Privacy Watch, published by Cleary Gottlieb Steen & Hamilton LLP, focuses on legal developments and regulatory issues related to cybersecurity, data privacy, and emerging technologies. The blog covers topics such as GDPR compliance, data breach liability, AI-related cyber threats, government enforcement actions, and evolving privacy laws. It also addresses the intersection of cybersecurity with corporate governance, international trade, and regulatory compliance. The blog provides analysis of court rulings, legislative initiatives, and enforcement trends affecting companies and legal practitioners navigating cybersecurity and privacy challenges.
Latest from Cleary Cybersecurity and Privacy Watch - Page 10
OFAC Settles with Digital Currency Payment Processor for Sanctions Violations
On February 18, 2021, the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) announced a $507,375 settlement with BitPay, Inc. (BitPay), a payment processor for merchants accepting digital currency as payment for goods and services, for 2,102…
Turning the Page: Highlights of the SEC’s Division of Examination’s 2021 Priorities
On March 3, 2021, the U.S. Securities and Exchange Commission (“SEC”) Division of Examinations (the “Division”)—formerly the Office of Compliance Inspections and Examinations—released its 2021 Examination Priorities (“2021 Priorities”). The 2021 Priorities generally retain perennial risk areas as the Division’s…
Ready to Pounce: Regulators Are Intensifying GDPR Enforcement
After what appears to be a period of relative leniency in 2018/19, enforcement actions for violations of the EU General Data Protection Regulation (“GDPR”) have since intensified. In 2020, according to publically available information, supervisory authorities across the EU and…
First Circuit Upholds Border Searches of Electronic Devices Without Probable Cause
In a decision with potentially far-reaching implications, Alasaad v. Mayorkas, Nos. 20-1077, 20-1081, 2021 WL 521570 (1st Cir. Feb. 9, 2021), the First Circuit recently rejected First and Fourth Amendment challenges to the U.S. government agency policies governing border searches of…
New York Department of Financial Services Issues New Guidance on Cyber Threats
Recently, the New York Department of Financial Services (“DFS”) issued two memoranda addressing the ongoing increase in cyberattacks. The first recent guidance provides best practices for insurance entities with regard to cyber insurance.[1] The second guidance deals with…
D.C. District Court Rejects Privilege Claim for Post-Data Breach Forensic Report
Last month, in Guo Wengui v. Clark Hill, PLC, the United States District Court for the District of Columbia granted Plaintiff’s motion to compel production of Defendant’s third-party forensic investigation report following a cybersecurity incident.[1] The court held…
The Central District Court of California Grants Marriott International’s Motion to Dismiss in Data Breach Suit
On January 12, 2021, the United States District Court for the Central District of California granted Marriott’s motion to dismiss in Arifur Rahman v. Marriott International, Inc. et al[1], a class action filed against the company following its…
2020 Cybersecurity and Privacy Developments: A Year in Review
Cybersecurity and data privacy, topics that were already top of mind for companies at the start of 2020, were pushed even further to the forefront due to the COVID-19 pandemic, significant data security enforcement actions, and the SolarWinds breach discovered…
Cybersecurity: Another Year of Intrusions and Regulation Punctuated by a Pandemic
The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2021”.
Cybersecurity, a topic that was already top of mind for boards and corporate stakeholders at the start…