Getting back when HACT: Congress’s idea to provide redress to recent cyberattacks
Posted on May 6, 2021 in Government, Litigation, Regulation, Securities & Corporate Governance | Comments Off on Getting back when HACT: Congress’s idea to provide redress to recent cyberattacks
Amidst the ever-worsening onslaught of cyberattacks, companies are longing to go on the offensive, whether by “hacking-back” or by going after malicious actors in US courts. While Congress has previously refused to enable the former, it now appears more open to the latter, particularly with the introduction of the Homeland and Cyber Threat Act (the HACT Act): The HACT Act, if passed,...
Your quarterly privacy & cybersecurity update
Posted on Mar 10, 2021 in Cybersecurity, Government, Litigation | Comments Off on Your quarterly privacy & cybersecurity update
Welcome to the tenth edition of Updata! Updata is our US and international update on the most important privacy and cybersecurity regulatory and legislative developments from the past quarter, October to December 2020. Full of newsworthy items from our global team members, this edition includes updates on: COVID testing and remote working guidance across multiple jurisdictions;Increase...
2021 Foresight: Key lessons from 2020 to help navigate the future of cybersecurity and data privacy
Posted on Feb 25, 2021 in Cybersecurity, Data Privacy, Government, Litigation, Regulation | Comments Off on 2021 Foresight: Key lessons from 2020 to help navigate the future of cybersecurity and data privacy
When it comes to privacy and cybersecurity, the uncertainty and volatility of 2020 will not soon relent — but neither will its invaluable lessons. In this article for Thomson Reuters, Partners Michael Bahar and Paula Barrett look back on the tumult of 2020 and reveal five key lessons to help manage the inevitable uncertainty and volatility going forward, and emerge stronger and more...
Taking a stand on standing in data breach cases
Posted on Jan 21, 2021 in Government, Litigation, Regulation | Comments Off on Taking a stand on standing in data breach cases
At the crossroads of the California Consumer Privacy Act and Article III standing: Plaintiffs continue to test the boundaries of the CCPA’s Private Right of Action for data breaches;Courts, however, are standing firm on Article III standing requirements;That said, the costs of data breaches are rising with increased litigation and regulatory risk, so to reduce the chances of a breach,...
Once more unto the breach: The Supreme Court weighs in on a circuit split on what constitutes a hack
Posted on Nov 30, 2020 in Government, Litigation, Regulation | Comments Off on Once more unto the breach: The Supreme Court weighs in on a circuit split on what constitutes a hack
The United States Supreme Court hears arguments to decide the reach of the Computer Fraud and Abuse Act (CFAA). The Court is poised to decide whether to “exceed authorized access” constitutes a hack.The CFAA’s ambiguous language has created a circuit split the Supreme Court will now resolve.This decision will have far reaching implications for employers, employees, and...
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