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
Webinar Recording – Crypto Breaches: Legal & Regulatory Update
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
Webinar Recording – Dark Patterns: Legal & Regulatory Update
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.
Financial Institutions Face Increasingly Stringent Federal Breach Reporting Requirements
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
Webinar — Ballard Partner Phil Yannella to Join Discussion of New Proposed SEC Cyber Rules for Investment Advisors
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
Cyber Incident Reporting for Critical Infrastructure Act Becomes Law
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
Podcast – New Privacy Litigation Targets Sharing of Consumer Personal Data
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
New SEC Proposed Cyber Rules Signal Concern About Systemic Risk
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
SEC Proposes New Disclosure Rules for Cyber Incidents
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
Colorado AG’s Office Issues Data Security Guidance
On January 28, 2022 the Consumer Protection Section of the Colorado Attorney General’s Office issued guidance regarding data security best practices. Businesses subject to the Colorado Privacy Act can look to these best practices as a roadmap for the technical and organizational data security safeguards the law requires businesses to implement.
The guidance instructs covered