With a multitude of states trying to protect their citizens when it comes to breaches of personal data security, it is becoming increasingly difficult to manage compliance with this patchwork of laws. The Data Accountability and Trust Act (H.R. 2221) proposed in Congress proposed to preempt state laws and make regulation of data security a [...]
Archive | July, 2009
Webinar Materials for: Preparing for the strictest privacy law in the nation
As a follow up to Wednesday’s lunchtime webinar sponsored by Knowledge Management Associates, I wanted to post some materials for those of you that missed it and for those looking for notes and details. The slidedeck: KMA Insights Webinar July 2009 — Compliance with MA Privacy Law View more presentations from Knowledge Management Associates, LLC. [...]
Free and Law Firms
I just finished reading Chris Anderson’s new book: Free: The Future of a Radical Price. Given that I am a lawyer, I kept thinking about how his concepts apply to law firms. Let me say a few things up front. First, this is an excellent book that will make you think about how these concepts [...]
Avery Dennison Settles SEC Case for China FCPA Violation
Avery Dennison has settled two related Securities and Exchange Commission cases over alleged Foreign Corrupt Practices Act violations. In an administrative action, the SEC imposed a cease-and-desist order against the consumer product company and ordered it to pay $318,470 in disgorgement and interest. In a civil case, Avery agreed to pay a $200,000 penalty. Avery [...]
2009 Data Breach Investigations Report
285 Million records were compromised in 2008. The Verizon Business RISK Team conducted a study of first hand evidence collected during data breach investigations of 90 confirmed breaches as part of their caseload. This 2008 caseload of more than 285 million records, exceeded the combined total from 2004 to 2007. 2009 Data Breach Investigations Report [...]
Ten of the Most Embarrassing Data Breaches
I gathered some notable data breaches in preparation for my presentation on the Massachusetts Data Privacy Law as part of my webinar on Wednesday: Preparing for the strictest privacy law in the nation: MA Privacy Law 201 CMR 17. If you wondered why there are so many state laws on data breaches, just take a [...]
Sticking Your Head in the Sand and the FCPA
Prosecutors told the jury during Frederic Bourke’s trial that instead of doing adequate due diligence for his investment, he’d “stuck his head in the sand.” A jury convicted him conspiring to violate the Foreign Corrupt Practices Act and making false statements to federal investigators. How did the head of a prominent handbag company end up in [...]
Regulating Private Investment Funds
Last week the Subcommittee on Securities, Insurance, and Investment of the United States Senate Committee on Banking, Housing and Urban Affairs held a hearing on regulating private investment funds. [You can see an archive of the hearing.] The video shows lots of empty Senator chairs at the hearing. Majority Statement from Senator Jack Reed Minority [...]
The HITECH Act
I sat in a webinar on CyberSecurity Law: The Best Offense is a Good Defense sponsored by Pillsbury Winthrop Shaw Pittman LLP. One aspect of the presentation was the Health Information Technology for Economic and Clinical Health Act. This created the first federal data breach notification law. It also substantially revised HIPAA regulations regarding privacy [...]
SEC Proposes Measures to Curtail “Pay to Play” Practices
At yesterday’s Open Meeting, the SEC voted unanimously to propose measures intended to curtail “pay to play” practices by investment advisers that seek to manage money for state and local governments. In 1999, the SEC considered a proposal to curb adviser pay to play practices modeled on MSRB Rule G37 that applies to underwriters of [...]
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