McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsCalifornia Voters Approve the California Privacy Rights Act
By Amy C. Pimentel and McDermott Will & Emery on Nov 4, 2020
Posted In Consumer Protection, Cybersecurity, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield
On November 3, 2020, California voters passed the California Privacy Rights Act (CPRA) ballot initiative with slightly under 60% of votes to approve the measure (as of publication). The ballot initiative, which was submitted by the architects of the California Consumer Privacy Act of 2018 (CCPA), had earlier garnered 900,000 signatures—far more than the roughly...
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Federal Agencies Partner to Warn Healthcare Systems of Imminent Cyber Threat
By McDermott Will & Emery on Oct 29, 2020
Posted In Data breach, Data Privacy, Enforcement
US hospitals and healthcare systems should be on high alert after a rare joint advisory issued by the Federal Bureau of Investigation (FBI), the Cybersecurity Infrastructure Security Agency (CISA) and the Department of Health and Human Services (HHS) warning all US hospitals and healthcare providers of an “increased and imminent cybercrime threat to US hospitals...
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New Proposed CCPA Regulations Add Clarity to Process for Opting Out of Sale of Personal Information
By Jonathan Ende, Amy C. Pimentel and McDermott Will & Emery on Oct 21, 2020
Posted In Consumer Protection, Cybersecurity, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield, Telehealth
On October 12, 2020, the California Department of Justice announced the release of a new, third set of proposed modifications to the California Consumer Privacy Act (CCPA) regulations. The proposed modifications amend a final set of regulations that were approved by the California Office of Administrative Law just two months earlier. The Third Set of...
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OFAC Advisory Warns of Civil Penalties for Ransomware Payments
By McDermott Will & Emery on Oct 13, 2020
Posted In Big Data, Consumer Protection, Cybersecurity, Data breach, Data Privacy, Enforcement
On October 1, 2020, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory alert that serves as a warning to entities who have been or will be the victim of a ransomware attack. As such, the crucial decision of whether to pay a ransom now comes with the additional...
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Uber Criminal Complaint Raises the Stakes for Breach Response
By Todd McClelland, Austin Mooney and McDermott Will & Emery on Sep 3, 2020
Posted In Big Data, Cybersecurity, Data breach, Data Privacy, Enforcement, Mobile Apps
On August 20, 2020, a criminal complaint was filed charging Joseph Sullivan, Uber’s former chief security officer, with obstruction of justice and misprision of a felony in connection with an alleged attempted cover-up of a 2016 data breach. These are serious charges for which Mr. Sullivan has the presumption of innocence. At the time of...
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Schrems II Special Report: What Does the CJEU’s Decision Mean for Transfers From the EEA to the US?
By Romain Perray and McDermott Will & Emery on Aug 7, 2020
Posted In Consumer Protection, Cybersecurity, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield
For our Schrems II Practical Guidance special report, members of McDermott’s internationally recognized Global Privacy & Cybersecurity group have outlined practical guidance and next steps to ensure your business is prepared for what’s next following the final ruling in Data Protection Commissioner v. Facebook Ireland Limited, Maximillian Schrems. As your organization navigates the post-Schrems II...
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NYDFS—First Enforcement Action under Cybersecurity Regulation
By Mike Byrne and McDermott Will & Emery on Jul 29, 2020
Posted In Cybersecurity, Data breach, Enforcement
On July 21, 2020, the New York Department of Financial Services (NYDFS) announced that it had filed its first enforcement action under 23 NYCRR 500 (the “Cybersecurity Regulation”) against a large title insurance provider. Covered entities should closely monitor this enforcement action. Access the article.
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Key Issues We’re Tracking as CCPA Enforcement Nears
By Amy C. Pimentel, Austin Mooney and McDermott Will & Emery on Jun 29, 2020
Posted In Consumer Protection, Data Privacy
Although 2020 has already provided more than its share of surprises for businesses, one thing appears to remain unchanged: the California attorney general’s commitment to enforcing the California Consumer Privacy Act beginning July 1, 2020. As companies work to ensure compliance with this legislation, we explore several key issues. No one will disagree that a...
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Importance of CCPA Compliance Highlighted by First Round of Private Actions
By Jonathan Ende and McDermott Will & Emery on Jun 26, 2020
Posted In Consumer Protection, Data breach, Data Privacy
The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety of claims under numerous theories and present a broad range of potential risks to businesses subject to CCPA. In...
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New California Privacy Ballot Initiative Would Expand the CCPA
By Amy C. Pimentel, Austin Mooney and McDermott Will & Emery on Jun 26, 2020
Posted In Consumer Protection, Data Privacy
A proposed ballot initiative in California known as the California Privacy Rights Act, which is likely to pass if placed on the 2020 ballot, would both clarify and expand the existing California Consumer Privacy Act. Companies doing business in the state should closely monitor these developments and prepare for compliance, as we outline in this...
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