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DOJ Issues New Rule Regulating Handling of Bulk Sensitive Personal Data Image

DOJ Issues New Rule Regulating Handling of Bulk Sensitive Personal Data

Craig Heeren & Mollie Sitkowski & Angela Lam

The DOJ has proposed a rule that would regulate certain transactions involving bulk sensitive personal data. The rule would implement a complex regulatory framework, with civil and criminal enforcement, that is similar to sanctions and export licensing regimes. It also implicates federal cybersecurity requirements, government contracting and CFIUS actions.

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Second Circuit Clarifies Video Privacy Protection Act Image

Second Circuit Clarifies Video Privacy Protection Act

Aldo “Al” M. Leiva & Alexander F. Koskey

The Second Circuit’s decision is notable in that it signals a reversal of the recent trend of dismissals of VPPA claims in courts across the country and could trigger a significant increase in VPPA lawsuits. Although organizations have grappled with VPPA claims for several years, this decision is another red flag to organizations to take immediate steps and ensure compliance with privacy laws to mitigate the risks of VPPA claims.

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4 Steps to Safeguard Against Individual Liability for Data Security Failures Image

4 Steps to Safeguard Against Individual Liability for Data Security Failures

Justin R. Donoho

With cyberattacks on the rise and class actions arising from cyberattacks being filed at an increased rate, executives and board members increasingly face the risk of being individually targeted in lawsuits brought by class action plaintiffs and governmental bodies alleging individual liability for data security failures.

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NY Revised Cybersecurity Regulation Goes Into Effect: What You Need to Know Image

NY Revised Cybersecurity Regulation Goes Into Effect: What You Need to Know

Katherine Lemire & Laura Ferguson

On November 1, significant revisions to the regulations enforced by the New York Department of Financial Services (DFS) — the state’s financial services regulator — went into effect. The DFS revisions create a long-arm provision in that the changes affect not only New York State companies, but also their affiliates, and therefore the revisions could have an impact far beyond New York State borders.

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Most Companies Don’t Honor Privacy Opt-Outs Image

Most Companies Don’t Honor Privacy Opt-Outs

Maria Dinzeo

Global privacy control lets computer users set privacy preferences in their browsers, automatically sharing those choices whenever users go to a site. It’s supposed to give individuals more control over their personal data, allowing them to opt in or out of cookie usage, data sharing, data selling and targeted advertising.But they only work if companies honor them. And in most instances, they don’t.

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Federal Judge Allows Public Nuisance Claims Against Social Media Sites to Go Forward Image

Federal Judge Allows Public Nuisance Claims Against Social Media Sites to Go Forward

Amanda Bronstad

Social media took another hit Nov. 15 after a federal judge allowed most of the public nuisance claims brought by school districts in the addiction cases to move forward.

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The 2024 LTN Law Firm Tech Survey Image

The 2024 LTN Law Firm Tech Survey

Rhys Dipshan

The 2024 LTN Law Firm Tech Survey spoke with 30 technologists at top U.S. law firms to get a sense of what technology issues they faced over the past year, how their technology posture, policies and investments are changing, and their thoughts on technology’s impact on the future of the legal industry.

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Untangling the Costs of Cyber Breach Recovery (and Strategies to Avoid Overbilling) Image

Untangling the Costs of Cyber Breach Recovery (and Strategies to Avoid Overbilling)

Christian Geyer

As cyber threats (and their price tags) evolve, so must the strategies companies use to navigate breach recovery. The future of breach recovery lies in smarter, faster solutions — particularly AI-driven approaches that streamline data mining and ensure breach notification compliance without compromising security or inflating costs.

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Artist Challenges Copyright Office Refusal to Register AI-Assisted Work Image

Artist Challenges Copyright Office Refusal to Register AI-Assisted Work

Emily Bullis

While the Copyright Office has previously cited the "bedrock requirement of copyright" that that a work must have a human author to be eligible for copyright protection to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.

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Deeper Dive: Preserving Ephemeral Messaging — Capture Data Before Its Ghosts Haunt Your Compliance Image

Deeper Dive: Preserving Ephemeral Messaging — Capture Data Before Its Ghosts Haunt Your Compliance

James Sherer, Brittany Yantis & Luke Record

This article considers how an organization might consider handling information generally, through the lens of a specifically troubling subset of information: ephemeral messages.

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