August 23, 2024 | The Legal Intelligencer
Pa.'s Insurance Data Security Law—Getting Ready for the Second PhaseIf your organization (or your client) has not yet begun preparing for satisfy the requirements of this phase, time now is of the essence to undertake these steps and build a record of affirmative evidence showing compliance.
By Joshua A. Mooney and Ashley Pusey
6 minute read
April 09, 2024 | The Legal Intelligencer
Searching for Yes: Defining Consent in Website Data Processing and Online LitigationLiability under state WESCA claims turns on whether there was there an interception of a communication (and if so, where that interception took place), and whether the party whose communication was intercepted had granted consent. This article focuses on the third element—consent.
By Joshua A. Mooney
7 minute read
January 17, 2024 | The Legal Intelligencer
Is AI Right for Your Company? Four Things General Counsel Should ConsiderThis article addresses four factors in-house counsel should consider when assessing AI procurement. The use of these factors should result in a more precise evaluation of the costs and efficiencies of the proposed AI in question, as well as improved risk mitigation, regulatory compliance, and long-term benefits.
By Joshua A. Mooney and Ashley Pusey
6 minute read
October 30, 2023 | The Legal Intelligencer
October Cyber Bag: UK Adequacy Decision, Pa.'s Insurance Data Security Act and CDPAThere have been significant developments in data privacy, both Pennsylvania-centric and abroad. Some continue to emerge.
By Joshua A. Mooney
6 minute read
August 11, 2023 | The Legal Intelligencer
The New EU-US Data Privacy Framework: 5 Things to Know for GCs, Outside Privacy CounselOn July 10, the European Commission issued its Commission Implementing Decision (adequacy decision) to permit the transfer of personal data from the European economic area (i.e., the 27 EU member states, plus Norway, Iceland and Liechtenstein) (EEA) to the United States under the new EU-US data privacy framework (DPF).
By Joshua A. Mooney
7 minute read
April 12, 2023 | The Legal Intelligencer
With Rising Consumer Privacy Litigation, Is It Time to Dust Off Those Online Policies?It is essential that the company intending to use an online policy to restrict a web user's means to sue it obtain affirmative evidence of the user's agreement to those terms, and that those terms are clear, conspicuous, and that the web user had notice of them.
By Joshua A. Mooney
6 minute read
October 30, 2020 | The Legal Intelligencer
Between a Rock and a Hard Place: Advisories Target Ransomware Victims, InsurersOn Oct. 1, the Financial Crimes Enforcement Network (FinCEN) and the Office of Foreign Assets Control (OFAC) in the U.S. Department of the Treasury collectively issued a pair of advisories warning ransomware victims, their insurers, and their incident response teams of potential sanctions for facilitating a ransomware payment.
By Joshua A. Mooney and Linda D. Perkins
8 minute read
August 14, 2020 | The Legal Intelligencer
With Anticipated Cyberattacks, Protecting Data Breach Reports From DiscoveryCyber experts anticipate that, as a result of the COVID-19 pandemic and resulting vulnerabilities arising from organizations' need to rollout a remote work environment overnight, many organizations' systems already have been compromised and that those incidents will surface during the fourth quarter of 2020.
By Joshua A. Mooney
8 minute read
May 29, 2020 | The Legal Intelligencer
Despite COVID-19, Here Are 4 Easy Steps for Data Privacy, Security ComplianceData privacy and security requirements also remain. For example, many organizations have contractual data security requirements with clients and business partners, some accompanied by substantial indemnity liabilities.
By Joshua A. Mooney, Richard M. Borden and Linda D. Perkins
6 minute read
March 13, 2020 | The Legal Intelligencer
Cyber Update: Personal Certification by Corporate Executives on the RiseThe likelihood of meaningful federal cybersecurity legislation in 2020 remains suspect. Yet, developments in 2019 show that cybersecurity regulation is headed toward a Sarbanes-Oxley model with or without congressional input.
By Joshua A. Mooney and Richard M. Borden
8 minute read
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