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Earlier this month, President Biden signed the Executive Order on Promoting Competition in the American Economy. The stated goal of the Executive Order is to increase competition in the United States and resolve issues related to monopolistic behaviors, including with respect to privacy and data protection.…
Continue Reading President Biden Signs Executive Order to Promote Fair Competition and Further Regulate Data Privacy

On July 13, 2021, federal bank regulators (the Board of Governors of the Federal Reserve System, the FDIC and the Office of the Comptroller of the Currency) requested public comment on proposed joint guidance regarding banking organizations’ management of risks related to relationships with third-party support and service providers. This blog entry provides highlights on the guidance.…
Continue Reading Federal Banking Regulators Request Comment on Proposed Guidance for Third-Party Risk Management

On June 25, 2021, the U.S. Supreme Court in TransUnion LLC v. Ramirez held in a 5-4 decision that certain members of a class action lawsuit, whose inaccurate credit reports were not provided to third parties, did not suffer a “concrete” injury sufficient to confer Article III standing. …
Continue Reading Spokeo 2.0 – The Supreme Court Provides Clarity on the “Injury” Necessary to Bring Suit

On June 17, 2021, Senator Kirsten Gillibrand (D-NY) announced the reintroduction of the Data Protection Act of 2021, which would create an independent federal agency, the Data Protection Agency, to “regulate high-risk data practices and the collection, processing, and sharing of personal data.”…
Continue Reading Senator Gillibrand Announces Renewed Data Protection Act 2021

On June 15, 2021, the SEC announced it settled charges against real estate services company First American Financial Corporation (“First American”) for alleged violation of Rule 13a-15(a) of the Exchange Act. The SEC charged First American with failure to maintain disclosure controls and procedures designed to ensure that all available, relevant information concerning a software vulnerability that led to a cybersecurity incident was filed with the Commission.
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Continue Reading SEC Settles Charges Against Real Estate Services Company Over Control Failures Related to Cybersecurity Disclosure

This week, the Federal Trade Commission voted 3 to 1 to accept a settlement agreement with MoviePass, Inc., its parent company, and two of the now-defunct company’s former employees, after allegations of data security issues and deceptive trade practices.…
Continue Reading Now Playing at the FTC: MoviePass Data Security Case and ROSCA Settlement

On June 3, 2021, the U.S. Supreme Court in Van Buren v. United States reversed the U.S. Court of Appeals for the Eleventh Circuit’s decision to uphold the conviction of Nathan Van Buren, who was alleged to have violated the Computer Fraud and Abuse Act of 1986.…
Continue Reading United States Supreme Court Adopts Narrow Interpretation of Scope of Liability Under the Computer Fraud and Abuse Act