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
Continue Reading Expansive New California Privacy Measure Cleared for November Ballot

Appearing in The Review of Securities & Commodities Regulation

In recent years, the SEC and FINRA have created a number of new units to increase their capacity to use data analytics in market surveillance and policy/rulemaking activities. This article summarizes these units, their objectives and the types of investigations that
Continue Reading The SEC and FINRA’s Use of Big Data in Investigations and the Implications for Defense Counsel

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
Continue Reading PLI Cybersecurity Enforcement Panel: Lessons Learned from Regulators and Law Enforcement

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
Continue Reading Navigating Cross-Border Data Transfers: Lessons from the Sedona Conference Commentary

On Tuesday April 14, 2020, the fifth annual Incident Response Forum (the “Forum”) convened an extensive roster of presenters from private practice and the government, including from the DHS, DOJ, FTC, SEC, NYDFS, FBI, and the Secret Service, to discuss best practices for incident response.

The government panelists shared insights
Continue Reading 2020 Incident Response Forum: Lessons Learned from Regulators and Law Enforcement

As we have discussed here previously, the coronavirus outbreak has driven many companies further into the digital workplace, putting new strains on information technology systems and related privacy and security compliance controls.  Despite these burdens on companies, few regulators have offered relief from their privacy and security requirements.  As detailed
Continue Reading Data Privacy and Security Requirements During Coronavirus? Little Relief in Sight