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Insight

A new decision from the First Circuit upholding the federal government’s authority to search the electronic devices of anyone entering the United States — in some instances without a warrant, probable cause, or even reasonable suspicion — presents various data-security challenges for companies and organizations of all sizes.

February 18, 2021
Insight
Insight

On November 9, 2020, the U.S. Federal Trade Commission (“FTC”) announced a proposed settlement with Zoom Video Communications, Inc. (“Zoom”), a video conferencing provider, to resolve claims that Zoom deceived users about the extent and nature of its software’s encryption and secretly installed software that circumvented a browser security safeguard.

November 19, 2020
Insight
Insight

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.

October 8, 2020
Insight
Insight

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.

October 7, 2020
Insight
Insight

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

September 2, 2020
Insight
Insight

A recent order by a federal court in Virginia rejected arguments that a cybersecurity consultant’s data breach report, which had been prepared at the direction of outside legal counsel, qualified for work product protection.

June 4, 2020
Insight
Insight

On March 6, 2020, the Government Accountability Office (“GAO”) published a report evaluating a new Department of Defense (“DoD”) pilot program that provides a more streamlined process for Federal Funded Research and Development Centers (“FFRDCs”) to receive access to sensitive data of DoD contractors…

March 18, 2020
Insight
Insight

When the DOJ announced that its Antitrust Division would focus attention on regulating “market-leading online platforms,” you may not have guessed it would zero in on non-competition related violations by healthcare platforms seeking to unify doctors, patients, and e-prescribing pharmacies as opposed to Big Tech…

February 6, 2020
Insight
Insight

For the period between January and June 2019, Facebook received 128,617 requests for user data from various government entities—16% above the 110,634 requests in the period between July and December…

November 20, 2019
Insight
Insight

The United States and the United Kingdom recently entered the first ever CLOUD Act Agreement , which aims to streamline the process by which either government can collect electronic evidence located…

October 24, 2019
Insight
Insight

On Wednesday, September 25, at a surprise appearance after a product event in Seattle, Amazon CEO Jeff Bezos revealed that the company’s public policy team is drafting proposed regulations for…

October 11, 2019
Insight
Insight

In a keynote address at the International Conference on Cyber Security on Tuesday, July 23, Attorney General Barr clearly articulated the DOJ’s position that “‘warrant-proof’ encryption poses a grave…

August 1, 2019