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Recent Blog Posts

  • Biden administration releases wide-ranging executive order on AI By Adrian Snead, Maxwell Herath and Porter Wright    On Oct. 30, 2023, the Biden administration issued an executive order focused on the growing field of artificial intelligence. The administration is advancing a comprehensive and coordinated approach to the safe and responsible development and use of AI and setting a marker for the world. The EO is practical and aspirational with varying degrees of immediate impact for businesses and their leadership teams.   Our team is pleased to offer this summary of the... More
  • Recent Google sanctions should prompt review of data preservation practices By Talia Karas    A federal court in California ruled in favor of sanctions against Google last week for failing to preserve records. Google’s document retention policy required individual employees to identify internal chat conversations responsive to a litigation hold. The court found this policy to be in violation of Google’s duty to preserve electronically-stored information under the Federal Rule of Civil Procedure 37(e). The consolidated case arose out of antitrust litigation regarding Google’s “Play Store” Application on Android cell-phones. In re... More
  • Bio-shocked: In Illinois, workers’ comp not exclusive remedy for claims involving employee biometrics By Porter Wright    Employers beware: A recent holding out of Illinois has determined that employees may sue employers who collect and/or disclose employees’ biometric data. On Feb. 3, 2022, the Illinois Supreme Court issued a significant decision in McDonald v. Symphony Bronzeville Park, LLC, et al., impacting current and  future claims against employers involving the Illinois Biometric Information Privacy Act (BIPA). The McDonald decision effectively held that the exclusive remedy provisions of the Illinois Workers’ Compensation Act (IWCA) do not apply to BIPA claims, and... More
  • Certified privacy professional to lead Porter Wright’s international practice team By Donna Ruscitti    Porter Wright is proud to announce that international business and privacy & data security attorney Katja Garvey has been elevated to serve as chair of the firm’s International Business & Trade Practice Group. As chair, she will work alongside the 40 attorneys on the team to uphold client service, develop business strategy, expand global connections and distribute critical legal updates. International business, and privacy and data security experience A German native, Katja thrives on helping international businesses to bridge complex... More
  • November Privacy and Security Roundup: Cybersecurity export controls, mandatory reporting bills and Safeguards Rule changes By Donna Ruscitti and Porter Wright    BIS has issued an interim final rule, and entities dealing with cybersecurity exports are being asked to submit comments by early December. In this latest edition of our Privacy and Security Roundup, we share the details of the final rule’s two key measures including export restrictions and a new License Exception, provide an update on cyber incident reporting legislation, discuss modifications to the GLBA Safeguards Rule and much more. RECENT DEVELOPMENTS White-hat activities and potential impact of... More
  • October Privacy and Security Roundup: Cryptocurrencies endure scrutiny, China’s Privacy Law goes into effect and new EU SCCs now required By Diana Lingyu Jia, Donna Ruscitti and Porter Wright    Across the globe, concerns continue regarding cryptocurrencies and digital currency exchanges. In the October edition of our Privacy and Security Roundup, we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more. RECENT DEVELOPMENTS Increasing government pressure on cryptocurrencies and related businesses The exchange infrastructure that enables use... More
  • OFAC updates guidance on ransomware payments and sanctions risk By Porter Wright    On Sept. 21, 2021, the Department of Treasury, Office of Foreign Assets Control (OFAC), updated its published guidance regarding sanctions risks associated with making ransomware payments and its official policy on such payments. This updated guidance, taken in conjunction with OFAC’s recent sanctions designation of a cryptocurrency payment exchange frequently used for ransomware payments, and other ongoing regulatory legislative efforts to address ransomware attacks, further highlights the whole of government effort by the United States to discourage ransomware... More
  • September Privacy and Security Roundup: Funding national cybersecurity, violating Safeguards Rule and fighting cyber threats By Donna Ruscitti and Porter Wright    Not only are public and private companies increasingly targeted for cyber-attacks, but local and state governments across the country are as well. In our latest Privacy and Security Roundup, we cover the Senate-passed bill that includes nearly $2 billion in national cybersecurity funding, recent sanctions by the SEC on investment advisors and broker-dealers, a new initiative that aims to improve defense planning and information sharing between the public and private sectors, and more. RECENT DEVELOPMENTS An opportunity... More
  • Privacy and Security Roundup: New consumer privacy laws, big developments in ransomware attacks and the FBI’s Operation Trojan Shield By Donna Ruscitti and Porter Wright    More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. In our August 2021 Privacy and Security Roundup, we cover the nuances in the various legislation, more ransomware and supply chain attacks and news of a messaging app used as a Trojan horse by the FBI. Recent Developments A new comprehensive consumer privacy law On July 8, 2021 Colorado became the third state to enact a comprehensive privacy law... More
  • New standard contractual clauses adopted by the European Commission By Katja Garvey    On June 4, 2021, the European Commission (EC) adopted a modernized set of standard contractual clauses for international data transfers (New SCCs) aimed at better protection of the data businesses transfer out of the European Union (EU). These New SCCs, which will take effect on June 27, 2021, will replace the standard contractual clauses that were adopted under the former EU Data Protection Directive in 2001, 2004 and 2010 (Previous SCCs). The New SCCs were eagerly awaited due to... More