Privacy, Cybersecurity & Technology Law Perspectives

On June 2, 2021, Anne Neuberger, Deputy Assistant to the President and Deputy National Security Advisor for Cyber and Emerging Technology, published a rare open letter to the corporate executives and business leaders of private organizations about the significant threat of ransomware attacks. The letter comes in the wake of a recent string of ransomware attacks against various sectors of the U.S. economy, including, for example, the energy, banking, healthcare, and food processing sectors. The…
Earlier today, the European Commission approved and adopted a new version of the Standard Contractual Clauses (SCCs) that revises how data may be transferred by including additional privacy and legal safeguards. The remodeled approach is designed to provide companies with a means to more securely transfer data out of the European Economic Area (EEA). Companies worldwide have been looking forward to the new SCCs as thousands of businesses rely upon the SCCs for their daily…
The United States Department of Justice (DOJ) already has publicly charged almost 500 defendants with criminal offenses based on fraud schemes connected to the COVID-19 pandemic. Unfortunately, these prosecutions can have unintended consequences on unsuspecting businesses, as many of these accused individuals actually work as employees for uninvolved companies. As employees, they may have utilized their access to confidential employee or client information at work to create the allegedly fraudulent business applications to the…
On May 12, 2021, President Biden issued an Executive Order on Improving the Nation’s Cybersecurity following a series of highly publicized cybersecurity incidents during the first four months of his presidency, including the Colonial Pipeline attack, which revealed vulnerabilities within the nation’s infrastructure and information systems. While this is not the first executive order issued to enhance the nation’s cyber defenses, it is the executive order most likely to have an impact and result in…
For years, the world wanted “real” things in their products – like real milk, real cheese, real juice, and real bacon. But then the world changed – now people want more artificial things – artificial meat, artificial furs and, of course, artificial intelligence, also known as AI technology or simply AI. From virtual assistants like Apple’s Siri®, Amazon’s Alexa®, and Microsoft’s Cortana®, to the use of AI in home appliances to help consumers make the…
This article was originally published by Law360 on March 25, 2021, and is reproduced below in full with permission. Intellectual property lawyers are attracted to shiny new toys, and we contemplate strategies for how to protect new technologies. Nonfungible tokens, or NFTs, have been making headlines in the last few weeks with their enormous valuations. Based on our experience with NFTs and blockchain innovations, the patent lawyer side of our personalities rushed to consider how…
This article was originally published by Industry Today on March 3, 2021, and is reproduced below in full with permission. With rapid changes, pressure to innovate, and acceleration of implementation of advanced technology across all stages of the supply chain over the past year, there are important intellectual property (IP) considerations that companies need to make to protect their inventions. Leading edge tech like Augmented and Virtual Reality, machine learning and Artificial Intelligence, and 3D…
On November 12, 2020, the European Commission (“EC”) published a draft implementing decision on standard contractual clauses (“SCCs”) for the transfer of personal data to third countries pursuant to the General Data Protection Regulation EU 2016/679 (“GDPR”), along with the draft set of new SCCs (collectively, the “Cross-Border SCCs”). Greater Flexibility Unlike the existing sets of SCCs, which apply only to two types of transfers originating in the European Economic Area (“EEA”) (controller-to-controller and controller-to-processor),…
During its summer conference this year, Apple announced that later in 2020, it would require application developers to provide in-depth detail regarding their data collection and use practices to give users more information and control over the data that applications collect and share. In early November, Apple reaffirmed its commitment to disclosing data collection and use practices to its users and announced that effective December 8, 2020, all Mac and iOS applications published or updated…
As many organizations continue to struggle with the fallout from the July 2020 Schrems II decision from the European Court of Justice (“CJEU”), in November, the European Data Protection Board (“EDPB”) published two pieces of interrelated and eagerly-anticipated guidance regarding the export of personal data from the European Economic Area (“EEA”) to countries that have not been deemed to provide adequate protection for personal data and the rights and freedoms of data subjects under the…