Matthew Kelly

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Mr. Kelly is an associate in Davis Polk’s Litigation Department. [Full Bio]

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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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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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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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Avi Gesser co-authored an article with Davis Polk associates Matthew Kelly, Will Schildknecht, and Anna Marienko that was published in the New York Law Journal on May 31, 2019, and that discusses the competing interests of cybersecurity and employee privacy that employers must balance when implementing reasonable cybersecurity measures.  The…
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Davis Polk’s Avi Gesser, associate Matt Kelly, and law clerk Samantha Pfotenhauer co-authored an article, The Expanding Role of Lawyers in Addressing Cyber Risk at Financial Firms, appearing in this month’s issue of The Review of Securities & Commodities Regulation.

Not that long ago, cybersecurity was viewed as…
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Avi Gesser co-authored an article with Davis Polk associate Matthew Kelly and law clerk Samantha Pfotenhauer that was published in the New York Law Journal on March 1, 2019.  The article addresses the role of in-house counsel in preparing for and responding to cybersecurity incidents.
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A recent bill to amend California’s landmark data privacy law seeks to expand potential liability for violations—bringing little comfort to those already concerned about the risks and challenges associated with achieving compliance in advance of the law’s upcoming effective date.

The proposal—Senate Bill 561, introduced on February 25, 2019, by…
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Momentum is building for federal data privacy legislation, in large part due to the passage of the California Consumer Privacy Act (CCPA) (which goes into effect in 2020) and other states enacting or considering their own consumer privacy laws.  These developments have businesses concerned that they will face a patchwork…
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A recent SEC Order should be a reminder to registered entities, including small- and medium-sized firms, that the SEC is monitoring the reasonableness of their cybersecurity policies and procedures, and that it may take action in the event of a breach, even in the absence of economic harm.

The SEC’s…
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Some of the most significant recent cyber breaches originated at vendors.  We have previously discussed the importance of effective oversight of third parties because vendor breaches can lead to regulatory actions for companies.  Indeed, recent regulatory guidance provides that vendor diligence is an essential part of any cybersecurity program.  This…
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