On March 15, 2022, the U.S. District Court for the Northern District of Illinois held in the case of Rogers v. BNSF Railway Company, No. 19-C-3083, 2022 WL 787955 (N.D. Ill. Mar. 15, 2022) (slip copy) that the Federal Railway Safety Act (“FRSA”), the Interstate Commerce Commission Termination Act (“ICCTA”), and the Federal Aviation Administration Authorization Act (“FAAAA”) do not preempt a claim under the Illinois Biometric Information Privacy Act (“BIPA”). The Court also held that for statute of limitations purposes, an individual’s claim accrues anew upon each BIPA violation they are subjected to, rather than only upon the first violation. This decision represents another blow to the arsenal of available defenses to defendants facing BIPA claims in state and federal court.
The SEC voted on March 9, 2022, by a vote of three to one, to propose regulations “to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies” and strengthen investors’ ability to evaluate public companies' cybersecurity practices and incident reporting.
After many years of signaling potential expansion of cybersecurity rules, the Securities and Exchange Commission (SEC) has issued in the past month two new sets of proposed rules governing cybersecurity.
Remote patient monitoring (“RPM”) refers to the use of digital technologies to monitor and capture medical and other health data from an individual.
On March 9, 2022, the SEC proposed rules to enhance and standardize disclosures surrounding cybersecurity risk, management, strategy, governance and incident reporting.
On March 9, 2022, the SEC proposed a new rule to enhance and standardize disclosures regarding cybersecurity incidents, risk management, strategy, and governance.
In this alert, our trade and sanctions team provides an update on the latest sanctions following our February 24, 2022, alert. In the interim, the United States has imposed new sanctions on Russia and Belarus in response to the deteriorating situation in Ukraine.
On March 3, 2022, the Utah House of Representatives unanimously passed a consumer privacy bill which the Utah Senate passed earlier this year.
Across all industries and governmental agencies, it’s clear that cybersecurity will remain a key discussion point in 2022 and well beyond, with the government showing its commitment to improving the nation’s overall cyber posture and resiliency as recently as last fall.
The SEC issued a proposed cybersecurity rule applicable to registered investment advisers and registered investment companies, but did not issue the rule to publicly traded companies. The rule requires notification to the Commission within 48 hours of discovering a significant cybersecurity incident. The rule also requires extensive policies and procedures, including a written information security plan and incident response plan, to address and respond to cybersecurity threats. Companies will be required to increase disclosures and recordkeeping around cybersecurity practices, risks, and incidents.
Both the House and Senate have passed legislation under the Railway Labor Act to avoid a railroad strike by imposing the bargaining agreement brokered by President Joe Biden in September 2022.
College life was just one of the many things affected by the COVID-19 pandemic.
The regulations implementing the CCPA require that a business verify the identity of a consumer that submits a specific-information access request to a “reasonably high degree of certainty.”
The Financial Industry Regulatory Authority (FINRA) in November 2022 released a targeted exam letter pertaining to communications for crypto products and services.
It has been a long and heated debate as to whether NFTs and certain cryptocurrencies can be deemed as securities under applicable laws and precedents.
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