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FTC "resurrects" Penalty Offense Authority for unlawful endorsements and testimonials

The Federal Trade Commission (FTC) has notified businesses that it is “resurrecting” its Penalty Offense Authority, an enforcement tool that had not been used by the agency...

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Colorado enacts comprehensive privacy law

The Governor of Colorado signed the Colorado Privacy Act (CPA) on July 7, 2021, making it the third state in the United States to enact broad consumer privacy legislation. Building on...

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CPRA countdown: Updated transparency obligations and opt-out rights

The California Privacy Rights Act (CPRA) will require businesses to update their privacy notices with additional disclosures and post website links that allow consumers to exercise their...

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NYDFS recommends critical new practices to reduce supply chain risk in wake of SolarWinds attack

On April 27, 2021, the New York State Department of Financial Services (“DFS” or the “Department”) released a report regarding its investigation into the response by ...

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CPRA countdown: Changes to consumer rights in California

As we have previously highlighted, the California Privacy Rights Act (CPRA) has created several new consumer rights that will require businesses to change existing California Consumer...

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To pay or not to pay: Another regulator weighs in on the decision to pay a ransom

Ransomware victims face a nearly impossible decision: pay criminals holding their business hostage or refuse and face possible crippling consequences. This decision requires careful...

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New York regulator issues cyber insurance risk framework with implications for insurers and insureds

On February 4, the New York Department of Financial Services (NYDFS) released Insurance Circular Letter No. 2 (2021), a Cyber Insurance Risk Framework (Framework) for insurers that write...

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Virginia poised to enact comprehensive consumer privacy law

Virginia is on track to be the second U.S. state to enact comprehensive consumer privacy legislation. Both the Virginia House of Delegates and the Virginia Senate have passed nearly...

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New proposed rule requires banks to notify regulators within 36 hours of a cybersecurity incident

On January 12, 2021, the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC)...

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