U.S. Federal Bank Regulators Require Notifications For Material Cybersecurity Incidents
On November 18, 2021, a group of federal bank regulators announced a final rule requiring banks to notify their primary federal regulator of any “significant computer-security incidents.” Regulators must be notified no later than 36 hours after the bank has determined that the incident triggers the rule’s notification requirement. Further, … Read More
Governance Challenges 2021–2022: Digital Transformation Oversight
Privacy and cybersecurity concerns are expanding, and with them the proliferation of laws and regulations. Boards play a key role in ensuring that companies are positioned to comply with various jurisdictional requirements, that they understand and mitigate related risks, and that they are well-prepared to play a key role in … Read More
Institutional Investor’s Introduction to Blockchain and Digital Asset Investing
Article I: Digital Asset Overview and Methods to Gain Exposure to Digital Assets
Given the growth of markets for cryptocurrencies and other blockchain-based assets, often referred to as “digital assets,” we see growing interest from traditional investment managers in gaining exposure to this emerging asset class. We have seen development … Read More
How Artificial Intelligence Manufacturers Can Protect Themselves Against Future Negligence Claims
Innovative medical devices have changed the healthcare landscape and will continue making dramatic improvements in patient care. Nevertheless, the growth of such devices will inevitably lead to increased litigation over their alleged failures. All companies developing healthcare tech therefore need to consider measures to protect themselves against potential claims.
Data: A New Direction or Misdirection? ICO Responds to UK Government Consultation on Its Proposed New Data Protection Regime
On 7 October 2021, the Information Commissioner’s Office (“ICO”), published its response to the UK government’s consultation entitled “Data: A new direction”. The consultation which sets out the proposals of the Department for Digital, Culture Media & Sport (“DCMS”) promised far-reaching reforms to the UK data … Read More
National AI Strategy: The UK Government Publishes Its Artificial Intelligence Strategy for the Next Decade
On 22 September 2021, the UK Government (the “Government”) published its Artificial Intelligence (“AI”) strategy. The paper outlines the Government’s plan to make Britain a “global superpower” in the AI arena, and sets out an agenda to build the most “pro-innovation regulatory environment in the world”. … Read More
FTC Issues Civil Penalty Notice to 700 Companies Regarding Endorsements and Reviews
The U.S. Federal Trade Commission (FTC) on October 13 published a Notice of Penalty Offenses advising more than 700 companies that they could incur significant civil penalties if they use endorsements in ways that run counter to the FTC’s guidance. The FTC, in its own words, “blanket[ed] industry” with these … Read More
How to Mitigate Corporate Risk and Respond to Crises
Recent events have given the term “corporate crisis” a whole new meaning. From cyberattacks and pandemic disruptions to political divisions and tweets that go viral, companies are being challenged in ways they never have before. How should they respond in a fast-moving crisis?