Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Lessons Learned from Recent FTC Data Security Enforcement Orders
Amid the nation-wide "work from home" routine necessitated by the COVID-19 pandemic, an extraordinary number of businesses turned to the Zoom Video Communications' video conferencing platform. As the use of the Zoom platform increased, so did scrutiny of Zoom's data security practices, which in turn produced a flurry of class action lawsuits against Zoom for "violation of its duty to implement and maintain reasonable security procedures and practices." Like many technology providers, Zoom's Terms of Service (update as of April 13, 2020) stated that Zoom will "maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access … in accordance with industry standards."
The proposed class actions against Zoom are illustrative of a challenge many businesses face: What is "reasonable" data security? Organizations in regulated industries typically have more data security parameters, e.g., Health Insurance Portability and Accountability Act (HIPAA), Vermont's Securities Regulations Cybersecurity Procedures and South Carolina's Insurance Data Security Act. Businesses operating outside regulated industries must sift through a patchwork of laws, guidance and enforcement actions.
This premium content is locked for Cybersecurity Law & Strategy subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.