On November 13, 2018, Ballard Spahr lawyers presented a webinar on the SEC’s recent “Report of Investigation” into “business email compromises” affecting public companies.

As noted in our prior blog post, the Report was prompted by the SEC’s investigation into whether nine public companies violated U.S. securities laws “by failing to have sufficient accounting controls” to prevent approximately $100 million in losses as a result of business email compromises targeting their personnel. The SEC investigated whether these companies violated Sections 13(b)(2)(B)(i) and (iii) of the Securities and Exchange Act of 1934. Although declining to pursue enforcement actions against the companies, the SEC emphasized its recent cybersecurity guidance, advising public companies that “[c]ybersecurity risk management policies and procedures are key elements of enterprise-wide risk management, including as it relates to compliance with federal securities laws.” (See our prior alert and blog post regarding the Interpretive Guidance). Continue Reading Listen to Our Webinar on “The SEC’s Special Report on Business Email Compromises: What It Means and What You Should Do”

Please join Ballard Spahr on October 4, 2018 in New York City for “Concordant Crossroads: Regulation and Innovation in the Automotive Industry,” presented by the Thomson Reuters Legal Executive Institute. Co-chaired by Ballard Spahr partners Neal Walters and Philip N. Yannella, this conference offers a practical and robust examination of the disruption that autonomous technology and regulation pose to transportation and the automotive industry. Continue Reading Join Us at Concordant Crossroads: Regulation and Innovation in the Automotive Industry

Ballard Spahr’s Privacy and Data Security Group will again be hosting its Colorado Cybersecurity Summit on September 18, 2018, at Ballard Spahr’s Denver office and via webinar.

Highlights will include a discussion with the Colorado Deputy Attorney General who will be responsible for enforcing Colorado’s groundbreaking new cybersecurity law, as well as the former Director of Legislative Affairs who ushered the law through the state legislature. The Summit will also feature panel discussions on the current state of GDPR, how the new California Consumer Privacy Act will affect businesses, and innovative ways to mitigate risk in a world with quickly changing technology.

The Summit is co-sponsored by IMA Financial Group, Kivu Consulting, Noosa Yogurt, and Colorado = Security.

CO CLE and IAPP CPE credits are pending. Uniform Certificates of Attendance will also be made available for the purpose of seeking CLE credit in other jurisdictions.

For more information and to register please click here.

 

On June 27, 2018, Ballard Spahr partner David Stauss will speak at the Practicing Law Institute’s inaugural Internet of Things Conference in San Francisco. The full-day conference is also available via webcast.

The program will bring together industry leaders to discuss various issues with the rapidly changing landscape of IoT devices.  In his panel, “Cybersecurity & Privacy: What are the Risks of IoT Devices and how Privacy Rights can be Protected,” Mr. Stauss and his co-panelists will explore the emerging government and industry regulation surrounding IoT devices, including FTC action and guidance and proposed state, federal and international laws and regulations.

Ballard Spahr has two complimentary passes available for the conference. Interested individuals should email Mr. Stauss directly at staussd@ballardspahr.com.

The decision last week by the U.S. Court of Appeals for the D.C. Circuit on petitions seeking review of the Federal Communications Commission’s 2015 Declaratory Ruling and Order implementing the Telephone Consumer Protection Act (TCPA) represents a partial victory for the industry.

In the decision, the D.C. Circuit reversed the FCC’s guidance on the definition of an automatic telephone dialing system going back to 2003, leaving only the TCPA’s statutory definition. That definition does not, on its face, include predictive dialers.

The decision creates some uncertainty about TCPA liability for calls to reassigned numbers. In addition, callers continue to face the challenge of capturing revocations sent by consumers using methods other than those prescribed by the caller.

On April 3, 2018, from 12 p.m. to 1 p.m. ET, Ballard Spahr attorneys will hold a webinar—The D.C. Circuit’s TCPA Decision: What It Means to Your Business. The webinar registration form is available here.

Click here for the full alert on Ballard Spahr’s Consumer Finance Monitor blog.

 

The Association of Corporate Counsel (ACC) Foundation recently completed its second State of Cybersecurity Report, which solicits feedback from hundreds of Chief Legal Officers and other in-house counsel worldwide on a wide range of cybersecurity issues, including cyber insurance, vendor management, and incident response.

Ballard Spahr is pleased to have served as the sponsor for the Report (Ballard also sponsored the first ACC Foundation State of Cybersecurity Report, published in 2016). Continue Reading Coming Soon: The ACC Foundation’s 2018 State of Cybersecurity Report

For those of you heading to Legaltech in New York next week, please join me and a great panel for what promises to be a lively discussion of hot topics in IoT and Mobile Discovery.  I’ve been fortunate enough to have been included in Relativity’s session on this topic at a number of conferences, and this next iteration is shaping up to be our best yet.  Here’s our session description:

From the Iron Rooster to Amazon Alexa: Mobile Discovery and the Internet of Things

Whether it’s missing mobile data (Montgomery v. Iron Rooster-Annapolis, LLC), digital data in a truck (Below v. Yokohama Tire Corp.), Fitbit data (State v. Dabate), or data from an Amazon Alexa (State v. Bates) mobile discovery and data from the Internet of Things (IoT) devices present challenges, not only for litigants and their lawyers, but for corporate organizations, paralegals, and technologists as well. In this session, lawyers and consultants, including a former Department of Justice cybercrime coordinator, a prominent discovery attorney, a corporate information governance expert, and a leading legal industry analyst, will address the legal, technical, and practical considerations of mobile, social, and IoT data, including preservation requirements and data privacy limitations.

Here’s the link to the Legaltech page, in case you haven’t registered yet.  Hope to see you in NYC!