The answer is maybe; if the proper steps are taken after a cybersecurity attack. After a cybersecurity attack has occurred, when a company is in the midst of containment and recovery is beginning, hiring an attorney may not seem like a priority. But, hiring an attorney at the right time […]
Technology & Intellectual Property Update
FTC Issues Rulemaking Notice for Privacy, Security and Artificial Intelligence
On December 10, the Federal Trade Commission (“FTC”) issued an Advance Notice of Proposed Rulemaking (the “Notice”), stating that it was “considering initiating a rulemaking…to curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.” The effort could lead to “market-wide requirements” […]
The CFPB Takes Aim at Buy Now, Pay Later
On December 16, the Consumer Financial Protection Bureau (“CFPB”), led by newly confirmed Director Rohit Chopra, announced it was opening an inquiry into “buy now, pay later” products and 5 providers in particular – Affirm, Afterpay, Klarna, PayPal, and Zip. To that end, the CFPB sent an order each of […]
The Company You Keep: When It Comes to Security, Are Your Vendors the Weakest Link?
These days, there is much discussion regarding data breaches, privacy, and information security – and the amount of chatter on these topics can sometimes be overwhelming. This article, which is a brief recap of a presentation given at Baird Holm’s recent 2021 Technology and Data Protection Forum, is intended to […]
Consumers Have Newly Minted Data Privacy Rights – Now What?
Virginia and Colorado joined California in adopting comprehensive data privacy legislation that is broadly applicable to residents of these states giving these individuals rights over how their information is used. Now that individuals have these additional rights, the follow up inquiry is whether individuals care about these rights and whether […]