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21 March 2018

Sidley’s Fourth Annual Privacy and Cybersecurity Roundtable on March 26

Sidley will be hosting its annual Privacy and Cybersecurity Roundtable on Monday, March 26 starting at 1:30 PM EST. Two panels will highlight EU General Data Protection and the Future of Privacy and Cybersecurity Enforcement, followed by a special data protection themed reception featuring “A Taste of Adequacy and Essentially Equivalent Wines and Spirits”.  Guest speakers include European Data Protection Supervisor, Giovanni Buttarelli; Data Protection Commissioner for Ireland, Helen Dixon; VP and Deputy GC for Privacy and Regulatory Affairs from Microsoft, Julie Brill; and Associate Director, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Maneesha Mithal. If interested in attending, please contact dcevents@Sidley.com as space is limited.

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21 February 2018

National Academy of Sciences Encryption Study

Few would describe 2017 as a quiet year.  But it actually was a period of relative calm with respect to at least one important topic.  After supporters and opponents of mandated government access to encrypted communications publicly feuded for much of 2016, reprising arguments they’ve had since at least the days of the “Clipper Chip,” these “encryption debates” seemed to quiet down for much of last year.  The same tensions likely simmered beneath the surface, to be sure, but they didn’t boil over and there was accordingly less attention directed at the issue than there had been previously.  (more…)

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02 January 2018

Privacy and Cybersecurity Top 10 for 2018

This past year was marked by ever more significant data breaches, growing cybersecurity regulatory requirements at the state and federal levels and continued challenges in harmonizing international privacy and cybersecurity regulations. We expect each of these trends to continue in 2018.

As we begin this New Year, here is list of the top 10 privacy and cybersecurity issues for 2018: (more…)

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22 December 2017

The Fourth Edition of The Privacy, Data Protection and Cybersecurity Law Review Is Available

The fourth edition of The Privacy, Data Protection and Cybersecurity Law Review takes a look at the evolving global privacy, data protection and cybersecurity landscape in a time when mega breaches are becoming more common and businesses are coming under increased scrutiny from regulators, Boards of Directors and their customers. Several lawyers from Sidley’s global Privacy and Cybersecurity practice have contributed to this publication. See the links below for a closer look at this developing area of law. (more…)

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29 November 2017

Former National Security Council Legal Adviser Christopher Fonzone Joins Sidley in Washington, D.C.

Washington, D.C. – Sidley Austin LLP is pleased to announce that Christopher Fonzone, former National Security Council (NSC) legal adviser and deputy assistant and counsel to President Obama, has joined the firm as a partner in its Washington, D.C. office. He will be a member of Sidley’s global Privacy and Cybersecurity practice. (more…)

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16 November 2017

M&A Due Diligence: The Devil in Their Data

*Article first appeared in Corporate Board Member on November 7, 2017

At a time when a major cybersecurity incident can cost a company millions, it’s crucial that acquiring companies give cybersecurity the same level of scrutiny as they do more traditional risks and opportunities in the M&A due diligence process. Yet too many deals suffer from superficial consideration of these issues.

Why the disconnect? Unlike other areas where companies face legal and regulatory implications, in-house and outside legal teams often lack well-developed methods to analyze cybersecurity risks, too often considering them technical issues beneath the notice of the bankers and lawyers. In many cases, deal teams lack the skill sets to analyze the issues effectively and cannot even speak the language of the CIOs and CISOs well enough to spot “alternative facts.” Boards need to ensure that they or their advisers—preferably both—have sufficient skills to assess cybersecurity risks and ask the right questions. (more…)

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30 October 2017

When And How Cos. Should Address Cyber Legal Compliance

*This post originally appeared in Law 360 on October 24, 2017.

We’ve seen it happen time and again. When a company experiences a major data breach or hacking incident, media attention turns to speculation or allegations about the company’s past history of underinvesting in cyber defenses, its supposed culture of cyber complacency, or its history of unaddressed (but, in retrospect, allegedly clear) vulnerabilities. New information may come to light indicating the victimized company suffered previous breaches months, or years, earlier. Rumors of cyber-inadequacy gain currency among current and former employees and, ultimately, regulators and plaintiffs. Sometimes (but not always), these rumors, allegations, supposition and speculation even turn out to be true. (more…)

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24 October 2017

NIST’s Digital Identity Guidelines Favor the User

With the continued rise of data breaches rooted in a compromise of user credentials, interest has continued to build in more secure form of digital identities for authentication.  Supporting controls for federal agencies as well as innovation in the market, the National Institute of Standards and Technology (“NIST”) published its four-volume Digital Identity Guidelines earlier this year on June 22, 2017. The Guidelines encourage online service providers (“OSPs”) to adopt design practices that promise to reduce unnecessary user frustration with password and identity verification systems, while at the same time increasing security.  The primary purpose of the Guidelines is to promulgate technical requirements for federal agencies, businesses, however, could use the Guidelines as a baseline for their own cybersecurity systems—both to establish credibility and enhance the user experience. (more…)

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