The Cyber and Privacy Legal Landscape: What Companies Need to Know
As of November 2023, more than 40 states have introduced proactive cybersecurity legislation, and at least 20 states adopted proactive privacy and/or cybersecurity laws. Included below is a sampling of states and federal proactive laws adopted as of this writing as well as tips for identifying which of these laws may apply to you, and other recommended best practices to meet the mandates of these laws.
December 01, 2023 at 02:00 PM
10 minute read
Cybersecurity
Amid the ever-present threats posed by hackers, scammers and other bad actors, more and more states have adopted legislation aimed at bolstering efforts to protect individuals' personal information, creating a patchwork of approaches across the United States.
|Background
As of November 2023, more than 40 states have introduced proactive cybersecurity legislation, and at least 20 states adopted proactive privacy and/or cybersecurity laws. In addition, there are also federal laws, state constitutional rights, and industry mandates (e.g., for payment card processors) and common law that require companies to proactively adopt "reasonable" measures to protect personal information against "foreseeable" risks that could compromise the integrity, availability and confidentiality of personal data.
Unsurprisingly, it can be a daunting task for companies to identify which of these laws they are subject to and then adopt and maintain compliant programs, as failure to do so may subject the company to fines, litigation, and reputational harm. Included below is a sampling of states and federal proactive laws adopted as of this writing as well as tips for identifying which of these laws may apply to you, and other recommended best practices to meet the mandates of these laws.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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