MoFo Tech

June 09, 2020 - Privacy + Data Security
Recent Decision Compelling Disclosure of Data Breach Incident Response Report Highlights the Importance of Preserving Privilege and Protecting Work Product
By: Mark David McPherson
In a time when data breaches are on the rise, a recent court ruling serves as a stark warning for companies attempting to shield from disclosure their incident response consultant’s report. The court’s decision compelling the disclosure of a report prepared by Mandiant should
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May 29, 2020 - Privacy + Data Security, European Union
EU Data Protection Laws Are Not Fit For Purpose: They Undermine the Very Autonomy of the Individuals They Set Out to Protect
By: Lokke Moerel
The European Union is supposed to have the strongest data protection laws in the world. So why do privacy violations continue to make the headlines? I believe that the lack of material privacy compliance is not due to lack of enforcement, but is due
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April 17, 2020 - Privacy + Data Security
Law Enforcement COVID-19 Guidance: Cybercrime, Scam, and Fraud Trends
By: Alex Iftimie and Michael Burshteyn
As in-house counsel, compliance, and security teams worldwide are adjusting to life amid the global pandemic, so too are criminal and nation-state cyber actors. These actors are now leveraging the pandemic, public fear, and an expanded remote-work attack surface to conduct hacking campaigns. The
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April 06, 2020 - Privacy + Data Security
HHS Suspends Penalties to Encourage Sharing of COVID-19 Data by Business Associates
On April 2, 2020, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced that, effective immediately, it will be halting enforcement of certain HIPAA provisions in order to enable state and federal public health authorities and emergency operations
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March 19, 2020 - Privacy + Data Security
California Attorney General Issues 2nd Set of Modified Draft CCPA Regulations
By: Mary Race, Marian A. Waldmann Agarwal and Kristen J. Mathews
On Wednesday, March 11, 2020, the California Attorney General’s office published a 2nd set of modifications to the draft regulations under the California Consumer Privacy Act (“CCPA”). These still are not the Attorney General’s final CCPA regulations but rather further modified draft regulations that
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March 18, 2020 - Privacy + Data Security
Cybersecurity Tips in the Age of Remote-Work Arrangements
By: Miriam H. Wugmeister and Alex Iftimie
As recent reporting highlights, cybercriminals and nation-state actors are already seizing on this moment of panic and misinformation to use traditional hacking methods to steal data — from using interactive maps with Coronavirus infection statistics to plant malware on devices to phishing scams where
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March 16, 2020 - Privacy + Data Security
Amendment To New York Telemarketing Law Bans Some Sales Calls to Coronavirus (COVID-19) Affected Areas
By: Kristen J. Mathews
A late-2019 amendment to New York’s telemarketing law, AB 117, prohibits telemarketers from knowingly making certain kinds of prerecorded sales calls to consumers who are located in a county, city, town, or village that is under a state of emergency or disaster emergency. The
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March 03, 2020 - Privacy + Data Security
Fake News & Paid Reviews: FTC Seeks Comments on its Endorsement Guides
By: Julie O'Neill
The Federal Trade Commission (FTC) appears to be using its ongoing review of current rules and guides to revisit its approach to driving home the message that the relationship between a social media “influencer” and the brand he or she is endorsing must be disclosed. As
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February 12, 2020 - Privacy + Data Security
California Attorney General Issues Modified CCPA Draft Regulations
By: Mary Race
On Friday, February 7, the California Attorney General’s office published a modified set of draft regulations under the California Consumer Privacy Act (“CCPA”). These are not the Attorney General’s final CCPA regulations but rather are a modified set of draft regulations that are subject
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February 06, 2020 - Privacy + Data Security
Not with a Bang but a Whimper: As the UK Bows Out of the EU, What's Next for UK Data Protection?
By: Annabel Gillham
It all happened quite quietly in the end. The legislation that governs the UK’s exit from the EU became law and the UK left the EU at 11 p.m. UK time/midnight CET on January 31, 2020. Read our client alert.
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