As public pressure increases on legislators to better protect the personal information that organizations collect, interest has grown in using a property framework, rather than the current privacy model. On October 1, U.S. presidential candidate Andrew Yang became the latest policymaker to advocate for a data security framework that treats
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As regulators ramp up their cybersecurity enforcement, one area of increasing focus is in-house expertise.  Regulators are starting to explicitly require companies to have qualified data protection personnel.  For example, the New York Department of Financial Services (NYDFS) cyber rules require that companies’ cybersecurity personnel be qualified to manage the
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We first wrote about Business Email Compromise (“BEC”) scams in 2015.  Over the last four years, these attacks have continued unabated.  According to the FBI, in just the last year alone, there were over 20,000 reported BEC scams, with adjusted losses of over $1.2 billion.  One reason this
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The Cybersecurity Law Report recently published an article by Davis Polk titled Lessons from Equifax on How to Mitigate Post-Breach Legal Liability.  The article analyzes the July 2019 settlement between Equifax and the Federal Trade Commission, Consumer Financial Protection Bureau, and 50 state and territorial attorneys general and uses
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We have previously written about legal risks companies will face from the California Consumer Privacy Act (CCPA) when it goes into effect on January 1, 2020.  In short, companies can be subject to consumer class actions alleging statutory damages for mishandled data—and a key defense to those suits will be
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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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On Episode 4 of the Davis Polk Dialogues podcast, Avi Gesser joined Davis Polk partners Jon Leibowitz and Ronan Harty and former Federal Trade Commission (“FTC”) official Eileen Harrington to discuss the FTC’s Hearings on Competition and Consumer Protection in the 21st Century.  The episode covers, among other topics, the
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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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