Category: Litigation & Regulator Actions

SEC Poised to Ramp up Cybersecurity Enforcement

On October 16, 2018, the Securities and Exchange Commission (SEC) issued an investigative report signaling its intent to use sections 13(b)(2)(B)(i) and (iii) of the Securities Exchange Act of 1934 (the “Exchange Act”) to pursue enforcement actions against public companies that fail to tailor their internal controls to evolving cyber […]

Ohio Enacts Liability “Safe Harbor” for Entities That Maintain Specified Cybersecurity Programs

On August 3, 2018, Ohio Governor John R. Kasich announced that he signed Substitute Senate Bill 220 (“SB 220” or “Bill”) that, in part, affords a litigation “safe harbor” to covered entities that implement, maintain, and comply with specified cybersecurity programs. Covered entities, e.g., businesses, sued after a data breach […]

US Supreme Court: Fourth Amendment Applies to Cellphone Tracking

In a landmark Fourth Amendment decision in Carpenter v. United States, delivered on June 22, the Supreme Court addressed the intersection of privacy and law enforcement in the digital age. It held that law enforcement officials must obtain a search warrant based on probable cause in order to compel cellular service providers […]

Consumer Protection Enforcement Trends to Watch as New Leadership Takes Over FTC

With new leadership poised to take the helm at the Federal Trade Commission, now is an opportune time to review consumer protection trends and developments to watch over the coming months as the new commissioners get down to business. Who’s Trump putting in charge at the FTC? President Donald Trump’s […]