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New York has brought itself into line with a number of states concerning how they define a data breach, and, where applicable, what substantive security controls they require.
On July 25, the Governor signed into law Senate Bill 5575, the “Stop Hacks and Improve Electronic Data Security Act” (SHIELD Act), which had passed the Legislature on June 17, 2019. The SHIELD Act was originally proposed in the 2017-2018 session, but died in committee. It returned with gusto in 2019: proposed in the Legislature in February and passing both houses in a little more than four months.
By Matthew Calcagno
The documents that a firm produces are its greatest asset, yet firms historically have not made sufficient efforts to safeguard those documents from both internal and external threats. Law firms have typically had an open-door approach to document access. This means that anyone in your firm can likely access any document at any time, leaving your firm’s intellectual property entirely unprotected.
By Sean Wieber, Patrick O’Meara and Eric Shinabarger
The BIPA compliance lag has led companies using or collecting biometric information to consider how far back their liability may extend. The Illinois General Assembly, however, did not include an explicit statute of limitations period in BIPA. As a result, the statute of limitations has become one of BIPA’s primary battlegrounds as litigants argue about potential class sizes and damages awards.
By Alan L. Friel
Part Two of a Two-Part Article
Part One of this article, last issue, covered how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues. Part Two continues with the rights that CCPA grants to Californians, the CCPA’s impact on company privacy policies, how other states’ privacy laws compare to the CCPA, exceptions and penalties for violating the Act.
By Christine Simmons and Xiumei Dong
“It’s Not the Hardware You Worry About, It’s the Mistake That Someone Makes That Inadvertently Gives a Bad Actor Access.”
The legal industry has poured significant resources into cybersecurity, leading to huge leaps in progress in the last decade. But there are areas where large and small law firms can do much better in preventing and reacting to data breaches, and the legal sector may risk falling behind other industries. That’s partly because hackers are learning how to circumvent law firm security systems, leading to a continuous game of cat and mouse.