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The V&E Report
The V&E Report

On September 29, 2020, the Department of Defense (“DoD”) issued an Interim Rule to supplement its Cybersecurity Maturity Model Certification (“CMMC”) program with a DoD Assessment Methodology.

The V&E Report

October 14, 2020
The V&E Report
The V&E Report

On October 1, 2020, the Office of Foreign Assets Control (“OFAC”) issued guidance warning of potential sanctions risks for making ransomware payments related to malicious cybersecurity incidents.  The same day, the Financial Crimes Enforcement Network (“FinCEN”) issued an advisory related to the role of financial institutions in processing ransomware payments.

The V&E Report

October 8, 2020
Insight
Insight

On October 6, 2020, the Court of Justice of the European Union (the “Court”) ruled that principles of EU law prevent Member States from requiring a provider of electronic communications services to indiscriminately retain traffic and location data or transmit the data to security agencies, even when the purpose of the transmission is to combat crime or safeguard national security.

V&E Cybersecurity & Data Privacy Update

October 7, 2020
The V&E Report
The V&E Report

In June 2019, U.S. Customs and Border Protection (“CBP”) suspended a government contractor, Perceptics, LLC, after it suffered a highly publicized cyberattack that resulted in a breach of sensitive data collected from Government surveillance equipment used along the U.S. border.

The V&E Report

October 7, 2020
V&E+
V&E+

It was cause for celebration for Vinson & Elkins partners Matt Stammel and Jim Thompson. On July 1, 2020, after a six-day trial, Judge Marvin Isgur of the Southern District of Texas Bankruptcy Court handed a complete victory to V&E client Gavilan Resources. Judge Isgur even took the unusual step of reading his lengthy opinion…

V&E+

September 11, 2020
The V&E Report
The V&E Report

General Counsel and in-house legal departments have long struggled with articulating the risk of and determining the appropriate response to breaches of the company network and the potential exposure of confidential information about employees and third parties. It’s rarely a simple question.

A version of this insight was published in Law360, September 18, 2020

The V&E Report

September 2, 2020
Insight
Insight

On August 14, 2020, California Attorney General Xavier Becerra announced that the final implementing regulations (the “Approved Regulations”) for the California Consumer Privacy Act (the “CCPA”) have been approved by California’s Office of Administrative Law (the “OAL”).

V&E Cybersecurity Update

August 25, 2020
V&E+
V&E+

What might happen if China or Russia attacked the nation’s electricity grid? The answer to that question is at the heart of an executive order issued by President Trump on May 1. Foreign adversaries are increasingly looking for ways to exploit weaknesses in the country’s bulk-power system (“BPS”) – the large interconnected electrical system that…

V&E+

August 14, 2020
V&E+
V&E+

It wasn’t just another day in court for Pat Mizell. On August 1, 2019, the V&E partner stood before U.S. District Judge Lee Yeakel in a courtroom in Austin, Texas. Attorneys Tony McDonald, Josh Hammer and Mark Pulliam had sued Mizell’s client, the State Bar of Texas, claiming it is unconstitutional for an attorney to…

V&E+

August 5, 2020
Insight
Insight

On July 16, 2020, the Court of Justice of the European Union (“CJEU”) announced their decision in case C-311/18, better known as Schrems II. Late last year, the Advocate General issued a nonbinding opinion declaring the use of standard contractual clauses valid, but also alluding to potential inadequacies of the EU-U.S. Privacy Shield (“Privacy Shield”).

V&E Cybersecurity & Data Privacy Update

July 16, 2020
V&E+
V&E+

Recently Victoria’s Secret captured headlines that had nothing to do with the retailer’s famous fashion show. Victoria Secret’s parent company, L Brands, and private equity firm Sycamore Partners (“Sycamore”) exchanged lawsuits after Sycamore sought to walk away from its pending acquisition of the lingerie company. Sycamore claimed that Victoria’s Secret had experienced a “material adverse…

V&E+

June 29, 2020
Insight
Insight

The California Privacy Rights Act (“CPRA”) has received enough signatures to qualify for the November 2020 ballot in California. Based on preliminary polling, many expect voters to approve it. If approved, substantive provisions of the CPRA would take effect on January 1, 2023.

V&E Cybersecurity Update

June 26, 2020