Privacy, Cybersecurity and Data Innovation

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California Consumer Privacy Act Update — California State Committees Vote on Amendments

In the last two weeks, California legislative committees voted on several amendments to the California Consumer Privacy Act (CCPA), which is due to go into effect January 1, 2020.  While each proposal requires additional approvals, including full Assembly and Senate votes, the committees’ determinations provide an important development in the ongoing roll-out of the CCPA, what it will ultimately require, and how to address compliance.

Client Alert | April 30, 2019

International Cybersecurity and Data Privacy Outlook and Review – 2019

As every year, in honor of Data Privacy Day—an international effort to raise awareness and promote privacy and data protection best practices—we offered Gibson Dunn's seventh annual Cybersecurity and Data Privacy Outlook and Review.

Client Alert | January 29, 2019

Illinois Supreme Court Finds BIPA Violations Actionable, Even With No “Actual Injury”

On January 25, 2019, in Rosenbach v. Six Flags Entertainment Corporation, the Illinois Supreme Court unanimously held that a plaintiff may be “aggrieved” under Illinois’ Biometric Information Privacy Act (“BIPA”)—with statutory standing to sue for significant statutory damages—even without alleging an “actual injury” caused by the BIPA violation.

Client Alert | January 29, 2019

U.S. Cybersecurity and Data Privacy Outlook and Review – 2019

Gibson Dunn offers this seventh edition of its United States Cybersecurity and Data Privacy Outlook and Review, focusing on developments during 2018 and looking ahead to 2019.

Client Alert | January 28, 2019

The French Data Protection Authority Imposes a 50 Million Euros Fine on Google LLC

On January 21, 2019, the French Data Protection Authority (the "CNIL") issued a public ruling against Google LLC. In its ruling, the CNIL imposed a penalty of 50 million euros on Google LLC for breach of EU transparency and information obligations and lack of valid consent for targeted advertising purposes.

Client Alert | January 24, 2019

Law360 Names Gibson Dunn Among Its Cybersecurity & Privacy 2018 Practice Groups of the Year

Law360 named Gibson Dunn one of its six Cybersecurity & Privacy Practice Groups of the Year [PDF] for 2018. The practice group was noted as “the trusted choice for leading technology companies” who “continues to do some of the most cutting-edge work in the space.” The firm’s Cybersecurity & Privacy practice was profiled on January 23, 2019.

Firm News | January 23, 2019

Kristin Linsley Named Top Cyber Lawyer 2019 by Daily Journal

The Daily Journal named San Francisco partner Kristin Linsley to its 2019 list of the Top Cyber Lawyers in California [PDF]. Linsley has extensive experience in complex business and appellate litigation across a spectrum of subject areas, including technology and privacy, international and transnational law, and complex financial litigation.

Firm News | January 23, 2019

Ninth Circuit Judges Call for En Banc Review of the Federal Trade Commission’s Authority to Obtain Monetary Relief

Does Section 13(b) of the FTC Act empower the Federal Trade Commission to obtain monetary relief? A group of Gibson Dunn lawyers recently published a piece on the Washington Legal Foundation's Legal Pulse blog discussing developments at the Ninth Circuit on the question.

Article | January 15, 2019

U.S. Department of Health and Human Services Issues New Guidance on Voluntary Cybersecurity Practices for Health Care Industry

On December 28, 2018, a Task Group that includes U.S. Department of Health and Human Services personnel and private-sector health care industry leaders published new guidance for health care organizations on cybersecurity best practices.

Publications | January 14, 2019

Gibson Dunn Named a 2018 Law Firm of the Year

Gibson, Dunn & Crutcher LLP is pleased to announce its selection by Law360 as a Law Firm of the Year for 2018, featuring the four firms that received the most Practice Group of the Year awards in its profile, “The Firms That Dominated in 2018.” [PDF] Of the four, Gibson Dunn “led the pack with 11 winning practice areas” for “successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.” The awards were published on January 13, 2019.

Firm News | January 13, 2019

How Calif. Privacy Act Could Prompt Private Plaintiff Suits

Orange County partner Joshua Jessen is the author of "How Calif. Privacy Act Could Prompt Private Plaintiff Suits," [PDF] published by Law360 on January 11, 2019.

Publications | January 11, 2019

Law360 Names Eight Gibson Dunn Partners as MVPs

Law360 named eight Gibson Dunn partners among its 2018 MVPs and noted that the firm had the most MVPs of any law firms this year. Law360 MVPs feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.”

Firm News | November 28, 2018

Lessons from FTC’s Loss in, and Subsequent Abandonment of, DirecTV Advertising Case

The Federal Trade Commission ("FTC") is increasingly focusing on the advertising, data privacy/security, and e-commerce processes of prominent companies marketing legitimate, valuable products and services, as compared to the types of fraudsters and shams that have been a central focus of FTC attention in the past.

Client Alert | October 24, 2018

SEC Warns Public Companies on Cyber-Fraud Controls

On October 16, 2018, the Securities and Exchange Commission issued a report warning public companies about the importance of internal controls to prevent cyber fraud.  The report described the SEC Division of Enforcement's investigation of multiple public companies which had collectively lost nearly $100 million in a range of cyber-scams typically involving phony emails requesting payments to vendors or corporate executives.

Client Alert | October 17, 2018

New California Security of Connected Devices Law and CCPA Amendments

California continues to lead the United States in focusing attention on privacy and security of user data and devices. Last week, Governor Jerry Brown signed into law two identical bills requiring manufacturers to include "reasonable security feature[s]" on all devices which are "capable of connecting to the Internet" (commonly known as the Internet of Things).

Client Alert | October 5, 2018

Kristin Linsley, Christina Greenberg and Jennifer Rho Named Among Women Leaders in Tech Law

The Recorder named San Francisco partner Kristin Linsley to its annual Women Leaders in Tech Law. Additionally, Palo Alto associate Christina Greenberg and Los Angeles associate Jennifer Rho were named among The Recorder’s Next Generation Leaders.

Firm News | September 14, 2018

Timothy Loose Named Among Global Data Review’s 40 Under 40

Global Data Review named Los Angeles partner Timothy Loose to its 2018 40 Under 40 [PDF] list which profiles “the 40 individuals who represent the best and the brightest of the data law bar around the world.” The list was published on September 1, 2018.

Firm News | September 1, 2018

California Consumer Privacy Act of 2018

On June 28, 2018, Governor Jerry Brown signed the California Consumer Privacy Act of 2018 ("CCPA"), which has been described as a landmark privacy bill that aims to give California consumers increased transparency and control over how companies use and share their personal information.

Client Alert | July 12, 2018

Supreme Court Holds That Individuals Have Fourth Amendment Privacy Rights In Cell Phone Location Records

Carpenter v. United States, No. 16-402 Decided June 22, 2018 The Supreme Court held 5-4 that law enforcement officials must generally obtain a warrant when seeking historical cell phone location records from a telecommunications provider.

Client Alert | June 22, 2018

A Closer Look At Barnes & Noble Data Breach Ruling

Orange County partner Joshua Jessen and associate Ashley Van Zelst are the authors of "A Closer Look At Barnes & Noble Data Breach Ruling," [PDF] published by Law360 on May 7, 2018.

Article | May 7, 2018

Supreme Court Holds That Recent Legislation Moots Dispute Over Emails Stored Overseas

United States v. Microsoft Corp., No. 17-2 Decided April 17, 2018 Today, the Supreme Court held that Microsoft’s dispute with the federal government over the government’s attempts to access email stored oversees is moot.

Client Alert | April 17, 2018

Trump Administration Imposes Unprecedented Russia Sanctions

On April 6, 2018, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") significantly enhanced the impact of sanctions against Russia by blacklisting almost 40 Russian oligarchs, officials, and their affiliated companies pursuant to Obama-era sanctions, as modified by the Countering America's Adversaries Through Sanctions Act ("CAATSA") of 2017.

Client Alert | April 12, 2018

The Convergence of Law and Cybersecurity

Washington, D.C. associate Melinda Biancuzzo is the co-author of "The Convergence of Law and Cybersecurity," [PDF] published by Nuix on March 7, 2018.

Article | March 7, 2018

Law360 Names Gibson Dunn Among its Privacy 2017 practice Groups of the Year

Law360 named Gibson Dunn one of its five Privacy Practice Groups of the Year [PDF] for 2017. Gibson Dunn was selected for being “a go-to firm for tech giants in behind-the-scenes cybersecurity matters”.

Firm News | January 30, 2018

International Cybersecurity and Data Privacy Outlook and Review – 2018

In honor of Data Privacy Day—an international effort to raise awareness and promote privacy and data protection best practices—we recently offered Gibson Dunn's sixth annual Cybersecurity and Data Privacy Outlook and Review.

Client Alert | January 29, 2018

U.S. Cybersecurity and Data Privacy Outlook and Review – 2018

In honor of Data Privacy Day—an international effort to raise awareness and promote privacy and data protection best practices—we offer this sixth edition of Gibson Dunn's Cybersecurity and Data Privacy Outlook and Review.

Client Alert | January 25, 2018

Kristin Linsley and Eric Vandevelde Named Top Cyber/Artificial Intelligence Lawyers 2018

The Daily Journal named San Francisco partner Kristin Linsley and Los Angeles partner Eric Vandevelde to its 2018 list of the Top 20 Cyber/Artificial Intelligence Lawyers in California.

Firm News | January 24, 2018

2017 Trade Secrets Litigation Round-Up

2017 saw a number of interesting developments in trade secrets law, including the emergence of several trends under the Defend Trade Secrets Act, as courts grappled with the federal civil trade secrets statute enacted just over a year and a half ago.

Client Alert | January 19, 2018

2017 Year-End E-Discovery Update

Gibson Dunn lawyers provide an update on major issues, developments and challenges within the world of e-discovery during 2017 

Client Alert | January 18, 2018

2017 Year-End German Law Update

"May you live in interesting times" goes the old Chinese proverb, which is not meant for a friend but for an enemy. Whoever expressed such wish, interesting times have certainly come to pass for the German economy.

Client Alert | January 7, 2018

Cybersecurity & Critical Infrastructure

Washington, D.C. associate Melinda Biancuzzo is the author of “Cybersecurity & Critical Infrastructure,” [PDF] published by Thomson Reuters Briefing Papers in December 2017.

Article | December 30, 2017

A GDPR Primer For U.S.-Based Cos. Handling EU Data: Part 2

Washington, D.C. partner Caroline Krass, Paris partner Ahmed Baladi, Washington, D.C. associate Jason Kleinwaks, and Paris associate Emmanuelle Bartoli are the authors of "A GDPR Primer For U.S.-Based Cos.

Article | December 13, 2017

A GDPR Primer For U.S.-Based Cos. Handling EU Data: Part 1

Washington, D.C. partner Caroline Krass, Paris partner Ahmed Baladi, Washington, D.C. associate Jason Kleinwaks, and Paris associate Emmanuelle Bartoli are the authors of "A GDPR Primer For U.S.-Based Cos.

Article | December 12, 2017

The General Data Protection Regulation: A Primer for U.S.-Based Organizations That Handle EU Personal Data

The General Data Protection Regulation (GDPR), a new European Union data privacy and protection regime, has already entered into force and is slated to become effective on May 25, 2018.

Client Alert | December 4, 2017

Webcast: Hot Topics in Securities and Governance

With the final quarter of 2017 upon us and the 2018 calendar year fast approaching, it is time to focus on several hot topics in securities and corporate governance to prepare for your upcoming board meetings, 10‑K and proxy season.

Webcasts | November 17, 2017

Cybersecurity & Data Privacy: An Overview for Health Care, Pharmaceutical, and Biotech Companies

Cyberthreats are ubiquitous, and significant cyberattacks on private and publicly traded companies occur on a near-daily basis. As a result of the ongoing barrage of increasingly advanced and evolving cyberattacks, even companies with sophisticated security systems are potentially susceptible to a cybersecurity breach.

Client Alert | August 8, 2017

Will “Kokesh v. SEC” Put a Kink in the Federal Trade Commission’s Disgorgement Hose?

For decades, the Federal Trade Commission ("FTC") has sought and obtained monetary remedies as equitable "disgorgement" of ill-gotten gains.  Disgorgement amounts have exceeded a billion dollars in both antitrust and consumer protection matters and routinely total millions or tens-of-millions of dollars.Gibson Dunn partner Sean Royall and of counsel Rich Cunningham recently published an article titled Will "Kokesh v. SEC" Put a Kink in the Federal Trade Commission's Disgorgement Hose?

Client Alert | July 12, 2017

Trump Administration Prioritization of Cybersecurity

Headlines regarding the "WannaCry" ransomware attack dominated recent global press. But a less-heralded cybersecurity development from the U.S. federal government—President Donald Trump's signing of an expansive Executive Order on May 11, 2017—is likely to prove far more significant in the long run.

Client Alert | June 7, 2017

Zufallsfunde bei Videoüberwachung

​Munich partner Mark Zimmer is the author of "Zufallsfunde bei Videoüberwachung," [PDF] a comment on a new decision of the German Federal Labor Court.

Article | March 1, 2017

Webcast: IPO and Public Company Readiness: Cybersecurity

​Public companies face unique challenges as they confront and seek to manage cybersecurity risk. Disclosure obligations and market reactions can intensify the pressures arising from cyber threats and incidents.

Webcasts | February 28, 2017

French Legal Briefing – France Continues to Adopt the Highest International Standards to Attract Investors

Despite a net fall in the global M&A activity in 2016 (the total deal value amounted last year to US$ 3.7tn, down 16 % compared to 2015), French M&A market has been supported by a few domestic deals while the level of in-bound investments has dramatically dropped.

Client Alert | February 21, 2017

International Cybersecurity and Data Privacy Outlook and Review: 2017

In honor of Data Privacy Day--an international effort to raise awareness and promote privacy and data protection best practices--we offer Gibson Dunn's annual Cybersecurity and Data Privacy Outlook and Review.

Client Alert | January 31, 2017

2016 Trade Secrets Litigation Round-Up

2016 saw a number of significant developments in trade secrets law, including the passage of the Defend Trade Secrets Act, the first—and highly-anticipated—federal civil trade secrets statute.  On the criminal side, the Obama Administration continued to aggressively prosecute individuals for trade secret theft and cyber-espionage, including a number of foreign actors, as well as a professional baseball executive who pled guilty to illicitly accessing a rival team's scouting reports.  In the civil realm, we saw several high-dollar jury verdicts and one court concluding that the location of bee hives is a trade secret.      Jason Schwartz, Greta Williams, Michael Jaskiw and Brittany Raia discuss these and other significant 2016 developments in trade secrets

Client Alert | January 27, 2017

U.S. Cybersecurity and Data Privacy Outlook and Review: 2017

In honor of Data Privacy Day--an international effort to raise awareness and promote privacy and data protection best practices--we offer this fifth edition of Gibson Dunn's Cybersecurity and Data Privacy Outlook and Review.

Client Alert | January 27, 2017

2016 Year-End German Law Update

Over the last eight years, the German economic recovery seemed very robust to any sort of political and financial turbulences occurring in the EU and world-wide.

Client Alert | January 13, 2017

New York State Department of Financial Services Revises Proposed Cybersecurity Regulations

On December 28, 2016, the New York State Department of Financial Services ("DFS") updated its proposed cybersecurity regulations for financial services companies.

Client Alert | January 5, 2017

President Obama Announces New Russian Sanctions in Response to Election-Related Hacking

On December 29, 2016, in response to Russia's alleged efforts to influence the 2016 U.S. Presidential election through cyber operations, President Obama issued an Executive Order "Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities." Through this Executive Order ("E.O."), the Obama administration imposed sanctions on Russia's two leading intelligence services – the GRU and the FSB – as well as four top officers of the GRU and three companies that provided materials support to GRU's cyber operations.

Client Alert | December 30, 2016

California Continues to Take the Lead on Consumer Privacy – Attorney General Issues New Guidance to the Ed Tech Sector About Student Data

For many years, California has been a leader when it comes to regulating consumer privacy, and California Attorney General, now Senator-elect, Kamala Harris has taken a particular interest in data privacy and security.  In October 2016, the AG launched a crowdsourcing online forum that allows consumers to alert the AG about online privacy policies that they suspect may violate the California Online Privacy Protection Act.  For example, consumers may report that a particular website or app operator appears to have failed to post clear and conspicuous information about how they respond to "do not track" requests.  A few weeks later, on November 2, 2016, the AG released recommendations about protecting the privacy of student data collected and maintained by ed

Client Alert | November 10, 2016

FCC Votes to Adopt New Regulations Governing Use of Customers’ Proprietary Information by Providers of Broadband Internet Access Service

On October 27, 2016, the Federal Communications Commission ("FCC" or "Commission") voted to adopt sweeping new regulations to govern the ways in which providers of broadband Internet access service ("BIAS") can use and share their customers' proprietary information.

Client Alert | November 7, 2016

New Cybersecurity Requirements for Defense Contractors Take Effect

On November 3, 2016, a new final rule from the Department of Defense (DoD) will take effect, requiring covered contractors and subcontractors to report a broad range of cyber incidents within 72 hours.

Client Alert | October 31, 2016