In a report released June 21, 2022, the U.S. Government Accountability Office (GAO) urged the Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) and the Department of the Treasury’s (Treasury) Federal Insurance Office (FIO) to jointly assess whether the risk to critical infrastructure and potential financial exposures from catastrophic cyber incidents warrant

The Third Circuit recently issued an opinion upholding the federal cyber-stalking statute against a constitutional challenge in United States v. Ho Ka Yung. Yung was convicted of cyber-stalking after he instituted a campaign of harassment against a Georgetown Law alumnus interviewer and his family. Though he pled guilty, Yung preserved the right to appeal

The FTC recently reported that over $650 mm worth of cryptocurrency was stolen by hackers last year.  Thus far, over $320 mm in cryptocurrency has been stolen by hackers this year.  Not surprisingly, this surge in crypto breaches has led to litigation.  In our monthly webcast series, Ballard partners Phil Yannella, Greg Szewczyk and

In this initial episode of Ballard Spahr’s new privacy and data security webcast series, Phil Yannella and Greg Szewczyk – co-chairs of the Privacy & Data Security Group – discuss regulatory scrutiny concerning the use of “dark patterns” to steer website visitors into purchasing products or making online choices they otherwise would not make. 

The last few months have seen a flurry of new federal cybersecurity incident reporting requirements and proposals impacting private entities in the financial sector. As the number and frequency of cyber attacks continue to grow, regulators have attempted to enhance cybersecurity protections via increased and more rigid incident reporting obligations, leading to a constantly shifting

Since the beginning of the year, the SEC has issued several sets of proposed rules governing cybersecurity.  In an upcoming webinar, Ballard Privacy & Data Security partner Phil Yannella will join a panel discussion hosted by SEI Investments concerning the impact of these new rules on registered investment advisors and funds.  You can register

On March 15, 2022, President Joe Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA), which increased funding for the federal Cybersecurity and Critical Infrastructure Agency (CISA) and outlined new rules and requirements for companies and organizations to follow.

Notably, CIRCIA requires owners and operators of critical infrastructure to report cyber

On the latest episode of our podcast, Business Better, our Ballard lawyers discuss emerging trends in privacy litigation. Issues we discuss include companies sharing and selling consumer data, plaintiffs’ liability theories, including the right of publicity, and best business practices to consider in anticipation of privacy claims.

Leading this discussion is Aliza Karetnick, a Partner

After many years of signaling potential expansion of cybersecurity rules, the Securities and Exchange Commission (SEC) has issued in the past month two new sets of proposed rules governing cybersecurity.  The more recent set of proposed rules governs the disclosure of unscheduled material cyber events by public companies.  These rules come on the heels of

On March 9, 2022, the SEC proposed a new rule to enhance and standardize disclosures regarding cybersecurity incidents, risk management, strategy, and governance. If approved, public companies subject to the reporting requirements of the Securities and Exchange Act of 1934 will be subject to new disclosure requirements regarding (1) Cybersecurity Incidents, and (2) Cybersecurity Risk Management, Strategy, and Governance.
Continue Reading  SEC Proposes New Disclosure Rules for Cyber Incidents