The SEC’s Office of Compliance Inspections and Examinations (OCIE) recently published an alert on ransomware, informing financial institutions of a recent rise in phishing attempts targeting SEC registrants and their service providers. The alert is the latest example of the SEC’s focus on cybersecurity issues at public companies and
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Matthew Kelly
Mr. Kelly is counsel in Davis Polk’s Litigation Department. [Full Bio]
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Expansive New California Privacy Measure Cleared for November Ballot
While businesses operating in California are still adjusting to the requirements of the California Consumer Privacy Act (CCPA) and are watching for enforcement actions brought by the California Attorney General, as its enforcement powers begin on July 1, an expansive new privacy initiative was certified today by the California Secretary…
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PLI Cybersecurity Enforcement Panel: Lessons Learned from Regulators and Law Enforcement
By Matthew Kelly & Will Schildknecht on
On Friday, May 29, 2020, Davis Polk’s own Rob Cohen led a panel on cybersecurity law and enforcement issues for the Practising Law Institute’s (“PLI”) tenth annual program on enforcement. The panel included individuals from the FBI, U.S. Attorney’s Office for the Southern District of New York, New York…
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Navigating Cross-Border Data Transfers: Lessons from the Sedona Conference Commentary
By Matthew Kelly & Will Schildknecht on
New commentary from a respected think tank attempts to provide guidance on cross-border data transfers. The guidance proposes principles for determining which country’s law to apply to a cross-border transfer. Although there is no guarantee that the guidance will gain favor with courts or regulators, it is an important indicator…
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Your IT Systems Are Coronavirus-Ready: What About Your Cyber-Risk Controls?
By Robert A. Cohen, Matthew Kelly & Chelsea Renter on
You have invoked your business continuity plan and it is working. Thanks to your IT team, your employees have the technology they need to work from home and to do it securely. You are tracking statements and guidance from key government resources. Your networks are segmented, your software are…
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Introducing a New Author to the Davis Polk Cyber Blog with His First Blog Post: What SEC Examiners Will Ask About Cybersecurity
By Robert A. Cohen, Matthew Kelly & Clara Y. Kim on
The SEC’s recent publication of examination observations related to cybersecurity practices provides a helpful benchmark for firms trying to understand common market practices.
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The Davis Polk Cyber Blog welcomes a new author, partner Robert Cohen. Rob has 15 years of experience in the SEC’s Division of Enforcement across…
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Davis Polk Cyber Blog Wins LexBlog Excellence Award
By Avi Gesser, Matthew Kelly, Will Schildknecht & Clara Y. Kim on
The Davis Polk Cyber Blog has won a LexBlog Excellence Award for Exemplary Writing on Legal Blogs as the first runner-up in the category of Best Commentary/Advice for Legal Professionals. The winning post can be read here and discusses the private right of action for inadequate cybersecurity under the California…
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Global Data Review Publishes Davis Polk’s Chapter on United States Cybersecurity Laws in GDR Insight Handbook
Davis Polk attorneys authored a chapter on U.S. Cybersecurity Laws for the GDR Insight Handbook 2020. The chapter, which can be read here, was written by Avi Gesser, Matthew J. Bacal, Daniel F. Forester, Matthew A. Kelly, Clara Y. Kim, and Gianna C. Walton, and was published by…
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A 14.5 million Euro Fine for Failing to Get Rid of Old Files – Data Minimization Is Becoming a Stand-Alone Cybersecurity Obligation
We have written several times here over the last few years about data minimization being an important part of an effective cybersecurity program. For most companies, the total amount of data that they control grows substantially each year, and more data generally creates more data protection risks. Companies that have…
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The Biggest Risk with CCPA May Be Cybersecurity, Not Privacy: 10 Things Companies Are Doing Now to Prepare
By Avi Gesser, Matthew Kelly, Will Schildknecht & Clara Y. Kim on
By now, most major U.S. companies are generally aware of the new privacy requirements that will be imposed by the California Consumer Privacy Act (“CCPA”) when it goes into effect on January 1, 2020, including data access and deletion rights for consumers as well as restrictions on selling personal information. …
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