Vivek K. Mohan

24 June 2016

FTC Hosts Fourth Start with Security Event in Chicago

The Federal Trade Commission hosted its fourth Start with Security event in Chicago, IL on June 15, 2016. This event was the latest installment of the Start with Security business education initiative launched last summer to engage in proactive outreach with the business community on information security standards and FTC … Read More

13 June 2016

SEC Interest in Cybersecurity Continues; Chair Views Cybersecurity as Biggest Risk to the Financial System

Securities and Exchange Commission Chair Mary Jo White emphasized the agency’s focus on cybersecurity preparedness and response at a conference in Washington, D.C. in mid May, stating “we can’t do enough in this sector.”  Reuters reports that Chair White views cybersecurity as the biggest risk facing the financial system, quoting … Read More

16 May 2016

White House Announces Initiative Focused on Artificial Intelligence, Builds on Big Data Initiatives

This month, the White House announced a series of workshops and a working group to address the “benefits and risks” of artificial intelligence.  The workshops, which are to be held in Seattle, Washington, Pittsburgh, and New York City, will take place between May 24 and July 7, and are expected … Read More

02 May 2016

Defend Trade Secrets Act Offers a New Response to Cyber Intrusions

Companies may soon have a new way to respond to hacking.  On Wednesday, April 27, the House passed the Defend Trade Secrets Act (“DTSA”) by a vote of 410-2. The bill has already been approved by the Senate and has the Obama administration’s support, which means little stands in the … Read More

08 April 2016

Leaked Extracts on Working Party Opinion Indicate Approval of Privacy Shield May Not Be Imminent

Today, alleged extracts from the impending Article 29 Working Party Opinion on the adequacy of the Privacy Shield were leaked.  These extracts indicate that a number of clarifications on the Privacy Shield documents will be required before the Working Party can confirm that the Privacy Shield, in its view, ensures … Read More

15 March 2016

California Data Breach Report Gets Specific on “Reasonable” Information Security

This February, the California Attorney General released the “California Data Breach Report,” summarizing developments from 2012-2015.  Drawing from 657 reports filed with the California AG impacting 49 million records, the report is notable for its “recommendations.”  These recommendations are ostensibly non-binding guidance that may nonetheless serve as the … Read More

21 December 2015

Cybersecurity Act of 2015 Signed Into Law

On December 18, President Obama signed into law an omnibus spending package for 2016 that included the Cybersecurity Act of 2015 (known in former versions as the Cybersecurity Information Sharing Act). After years of debate, the Cybersecurity Act establishes a framework to facilitate and encourage confidential two-way private sector sharing … Read More

14 December 2015

FTC & FCC Memorandum of Understanding on Consumer Protection

The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) have been active in recent years in bringing consumer protection enforcement actions, with a particular focus on privacy and data security issues.  Recent regulatory action from the FCC associated with “net neutrality,” however, has blurred the line as to where … Read More

18 November 2015

Trans-Pacific Partnership Agreement Touches Global Electronic Commerce

Last week, the New Zealand Ministry of Foreign Affairs & Trade has made public the text of the Trans-Pacific Partnership (TPP) Agreement. While the text of the TPP has been negotiated over the past seven years, several provisions relating to electronic commerce are remarkably timely and address key considerations for … Read More

14 September 2015

PLI Issues Cybersecurity Treatise

The Practising Legal Institute has published “Cybersecurity: A Practical Guide to the Law of Cyber Risk,”  a treatise edited by Ed McNicholas and Vivek Mohan of Sidley Austin LLP.   This “Sidley on Cybersecurity” treatise sets out in a clear and readable manner the complex legal framework for cybersecurity … Read More

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