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Down But Not Out - States Point the Way to How the FTC Might Recover from the 11th Circuit’s LabMD Decision

In a classic story of “it’s never over until it’s over,” cybersecurity David LabMD challenged the FTC’s Goliathan ability to issue sweeping orders in relation to security concerns under Section 5(a) of the Federal Trade Commission Act.  LabMD had lost its challenge of the FTC’s underlying authority to issue such orders, but continued in its fight, ultimately challenging the wording of the FTC’s form order itself.  And LabMD ultimately won in a landmark decision that can be found here.

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Spreading the word about cyber regulatory risk

So far 2018 has been a whirlwind of cyber regulatory activity, from the commencement of GDPR to new state-law data breach requirements to the New York State Department of Financial Services first compliance self-certification deadline. The complexity of the cyber legal landscape is only increasing, and in an effort to keep our clients ahead of the regulatory curve, the HSE Privacy and Data Security team has been on the road, spreading the word about cyber regulatory risk.

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Spreading the word about cyber risk

Each October the Department of Homeland Security celebrates National Cyber Security Awareness Month, a national public awareness campaign that encourages businesses and individuals to take steps to protect themselves from cyber threats.

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In the News: Financial institutions learn about new cybersecurity regulations.

"When this hits a health care provider or other folks who are on the first line of defense where people's health and safety are concerned, you can certainly understand that decision, but at the end of the day, you have no assurance that the very same ransomware attack isn't going to be recreated the next day and ask for even more money." 

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New NYS DFS Cybersecurity Regulations Going International

The new NYS DFS cybersecurity regulations will have international reach. 

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This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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