As reported on Hunton’s Retail Law Blog, on April 22, 2021, the U.S. Supreme Court unanimously held in a highly-anticipated case, AMG Capital Management, LLC v. FTC, that the Federal Trade Commission cannot seek or obtain equitable monetary relief pursuant to §13(b) of the FTC Act, putting an end to the use of §13(b) as a significant enforcement tool.
Continue Reading Supreme Court Rules FTC Cannot Rely on “Injunction” Provision to Obtain Equitable Monetary Relief

The Biden administration announced it intends to nominate Chris Inglis, a former Deputy Director of the National Security Agency, to be the first U.S. National Cyber Director, subject to Senate confirmation. The newly-established position, which will serve as the President’s principal cybersecurity policy and strategy advisor, and the Office of the National Cyber Director were created under the National Defense Authorization Act for Fiscal Year 2021, which became law on January 1, 2021.
Continue Reading White House to Nominate First National Cyber Director

As we previously reported, significant data privacy bills, titled the Consumer Data Protection Act, are working their way through the Virginia legislature. If enacted, Virginia would be the second state to enact major data privacy legislation of general applicability.
Continue Reading Virginia Moves Closer to Be the Second State to Enact Major Privacy Legislation

On December 9, 2020, the Senate Committee on Commerce, Science and Transportation held a hearing on the Invalidation of the EU-U.S. Privacy Shield and the Future of Transatlantic Data Flows. This post reviews the key topics, witnesses and views expressed during the hearing.
Continue Reading Senate Commerce Committee Holds Hearing on the Invalidation of the EU-U.S. Privacy Shield and the Future of Transatlantic Data Flows

As part of its regulatory review of the Gramm-Leach-Bliley Act Safeguards Rule, the Federal Trade Commission will hold a workshop, Information Security and Financial Institutions: An FTC Workshop to Examine the Safeguards Rule. The workshop, originally scheduled for May, has been postponed until July 13, 2020.
Continue Reading FTC Postpones Safeguards Rule Workshop until July

On November 18, 2019, the ranking members from four Senate Committees¬ (Senator Maria Cantwell (WA) from Commerce, Senator Dianne Feinstein (CA) from Judiciary, Senator Sherrod Brown (OH), and Senator Patty Murray (WA) from Health, Education, Labor and Pensions) released a set of “core principles” for federal privacy legislation.
Continue Reading Senate Democrats Unveil Privacy and Data Protection Framework

Recent headlines underscore the security challenges faced by public-facing businesses. From physical threats to cyber attacks targeting a wide range of critical infrastructure, companies in diverse sectors, such as the financial, retail, entertainment, energy, transportation, real estate, communications and other areas, face a challenging landscape of risks and potential liabilities. Join us on October 28, 2019, at 12:00 p.m. EST, for a webinar to discuss these issues, including why companies should consider SAFETY Act protection and how to obtain it.

Continue Reading Webinar on the SAFETY Act, Security and Insurance