Showing 44 posts in News.
The New Fiduciary Rule and its Future
With a sea of political change in Washington this year, many are speculating on what regulatory reforms the Trump administration and a Republican Congress will make in 2017. One reform in particular is commonly mentioned: a repeal, delay, or revision of the new Department of Labor ("DOL") fiduciary rule (the "Fiduciary Rule"). Given that the Trump administration is widely seen as anti-regulation, and the Fiduciary Rule is one of the most sweeping pieces of regulation regarding retirement investors and the financial industry since the implementation of the Employee Retirement Income Security Act ("ERISA") in 1974, speculation about the Fiduciary Rule's impending review and revision are not unfounded. Read More ›
Categories: Employment, News
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Action Required to Keep Your DMCA Safe Harbor Protection
The U.S. Copyright Office recently implemented new rules (the “Rules”) governing the designation and maintenance of Digital Millennium Copyright Act (“DMCA”) agent information under a new electronic system. The Rules went into effect on December 1, 2016, so electronic designations should be filed as soon as possible. Service providers who fail to submit electronic designations will be ineligible for the safe harbor protections from copyright-infringement liability provided by the DMCA. Read More ›
Categories: Copyright, Intellectual Property, News
Assembling Your Company's Data Breach Response Plan
No matter how carefully, thoughtfully and diligently a company works to prevent it, data breaches happen. Company management, IT teams and outside consultants can do everything right and still end up dealing with a breach. That means that knowing how to best respond when (not if) a breach happens should be part of every company’s data protection strategy.
We recommend that every company assemble a security breach team, consisting of individuals inside and outside of the organization who possess different skill sets. This may include technology officers, as well as staff from IT, human resources, communications, legal departments, outside counsel, and outside vendors. The composition of the team will depend on the type and size of the organization, but each member should be in a position and have skills that enable the organization to quickly and properly respond to an incident. The team must also be equipped, authorized and empowered to evaluate and immediately react to an incident once it has occurred. Read More ›
Categories: HIPAA, News, Privacy, Technology
Identity Theft: How to Reduce the Risk and Mitigate the Harm
According to the Department of Justice (the “DOJ”), an estimated 17.6 million Americans aged 16 or older were victims of at least one attempt or incident of identity theft in 2014. Identity theft takes many forms - from stealing someone’s identity to obtain government benefits to creating new financial accounts in another person’s name. The most frequent type of identity theft - 80 percent of all cases according to the DOJ - involves someone trying to take over an existing bank or credit card account. Tax-related fraud is also on the rise.
We are all at risk of identity theft. It seems like a week never goes by without a news report about a data breach at a major retailer or bank. Unfortunately, most people who are victims of identity theft - or suspect they might be - are not aware of the steps they should take to mitigate the harm from the theft.
This article identifies the steps that a person whose social security number is compromised should immediately take upon learning of a problem, as well as actions to take to protect against the risk of identity theft in the future. Read More ›
Update: Lansing Cyberattack Underscores Need for Cyber Insurance Coverage
We recently wrote about how a Cyberattack on Lansing, Michigan's Board of Water and Light ("BWL") resulted in costs nearing $2 million for technical support and equipment upgrades. In fact, BWL's total costs have now stretched to $2.4 million, including a $25,000 ransom paid to the attackers. These facts underscore that the costs of such attacks can be enormous, especially when ransomware is involved. Read More ›
Categories: News
Lawsuits Encouraged by Sixth Circuit Decision Where Customer and Employee Sensitive Data Breached
A recent decision by the U.S. Court of Appeals for the Sixth Circuit (the “Sixth Circuit”) may make it easier for plaintiffs to bring costly lawsuits against companies that allow sensitive data to fall into the wrong hands. Most troubling from a company's perspective, the Sixth Circuit used language that some states legally require in data breach notification letters to justify allowing the case to move forward. Read more about this case here.
Categories: Employment, News, Technology
Cyberattack Highlights the Costs of Breach Response and the Need for Preparation
It sounds like something out of a Hollywood screenplay: foreign hackers, possibly from Russia, induce an unsuspecting employee of a major utility company to click on an email attachment that is infected with malware, enabling the hackers to cripple the utility’s computer systems unless a ransom is paid. Unfortunately, this story is fact, not fiction. Read More ›
Categories: News
No Need to Drone On: A Quick Overview of the New FAA Rules
On June 21, 2016, the Federal Aviation Administration (“FAA”) released its much-awaited operational rules for drones. We have been tracking these rules for the last year. The biggest change from the proposed rules to final rules is that the final rules eliminate the need for commercial drone operators to obtain a manned aircraft pilot's license. Instead, drone operators will have to pass a knowledge test for unmanned aircraft. The test will be administered at FAA approved testing centers nationwide. Read More ›
Categories: News
Help Drone Pilots Stay on the FAA's Nice List this Holiday Season
One of this year's hottest gifts now comes with a registration requirement according to newly-released Federal Aviation Administration regulations.
On December 14, 2015 the FAA announced that drone owners must register with the FAA before their drone's first outdoor flight. The registration requirement applies to drones that weigh between 0.55 and 55 pounds. Noncommercial users may register through a new web-based system while commercial users must submit a paper application at this time. The $5 registration fee will be waived between December 21, 2015 and January 20, 2016, and all drones must be registered by February 19, 2016. The FAA will provide users with identification numbers which must be marked on any drones that a registered user flies. Read More ›
Categories: News
FAA and DOT to Require Registration for Drones, Additional Rules Coming Soon
In an effort to improve the accountability of drone users, the U.S. Department of Transportation has announced plans to require drone users to register their "unmanned aircraft systems." Additionally, Transportation Secretary Anthony Foxx and FAA Administrator Michael Huerta announced the creation of a task force to finalize the details of the registration system, including which drones must be registered. The task force may create a streamlined process for commercial drone users and recommend additional rules by November 20, 2015. Read More ›
Categories: News
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