Privacy & Cybersecurity Newsletter

Locke Lord's Privacy & Cybersecurity Newsletter provides topical snapshots of recent developments in the fast-changing world of privacy, data protection, and cyber risk management. For further information on any of the subjects covered in the newsletter, please contact one of the members of our privacy and cybersecurity team.

In This Issue

Litigation

Business as Usual – so Far – for Data Breach Cases After TransUnion LLC v. Ramirez
The Supreme Court’s June 2021 decision in TransUnion LLC v. Ramirez led many to believe that data breach plaintiffs were going to have a difficult time establishing standing. read more

WTF?! – Recurring Issues in Wire Transfer Fraud Coverage Disputes
Business email compromise threats trick unsuspecting targets into sending money to the perpetrators, often through use of fraudulent wire or ACH transfer instructions. read more

Legislation

New Privacy Laws From Coast to Coast: Comparing California, Virginia and Colorado
In 2023, new consumer privacy laws will be effective in Colorado, Virginia, and California. read more

"Safe Harbor" Ports in a Cybersecurity Litigation Storm
Every organization with an online presence needs to continuously think about its cybersecurity. The number of cyberattacks spiked significantly during the COVID-19 pandemic with an estimated global loss of nearly $1 trillion. read more

A Step Toward a Uniform State Privacy Law: The Uniform Personal Data Protection Act
This summer, following two years of work toward a model state privacy law, the Uniform Law Commission (ULC) has entered the privacy debate by adopting The Uniform Personal Data Protection Act (the “Uniform Act”) by a vote of 52-1, with Maine being the only dissenting vote. read more

Miscellaneous

Student Privacy Concerns When Educational Institutions Outsource: The FERPA "School Official" Regulations
Schools, colleges and universities often will outsource to third parties any number of functions or services, such as the operation of campus bookstores and dining facilities, campus security, management of campus parking, payment arrangements for tuition and fees, information technology services, and so on. read more

US Dept. of Labor Announces Cybersecurity Guidance for Plan Sponsors, Plan Fiduciaries, Record-Keepers and Plan Participants
The U.S. Department of Labor (“DOL”) recently issued guidance on best practices for maintaining cybersecurity directed to plan sponsors, fiduciaries, record-keepers and participants of employee benefit plans governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). read more