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Wilson Elser’s Cybersecurity & Data Privacy Practice provides timely legal insight and practical guidance on evolving digital risks to help organizations navigate complexity and mitigate potential liabilities.
Data Privacy: Insights from the Recent FAQs on New Jersey Data Privacy Law
Jana S. Farmer
With the New Jersey Data Privacy Law set to take effect on January 15, 2025, the Division of Consumer Affairs has released a set of 24 FAQs that provide important insights and guidance on complying with New Jersey’s robust regulatory framework.
HHS-OCR’s Proposed Rule and HIPAA Security Risk Assessment
Mendel Epstein
On December 27, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) deployed a proposed new rule that would significantly modify the Health Insurance Portability and Accountability Act (HIPAA) Security Rule.
JUNE 17, 1 PM ET
The Impact of AI on the Standard of Care for Professionals
Ian Stewart and Carole Buckner
This presentation will address the critical questions that professionals must ask when using AI to comply with their duties of care and obligations to their clients, as well as other ethical and legal concerns.
Potential Changes in the Regulation of Artificial Intelligence in 2025
Jonathan Meer
On the first day of his second term in office, President Trump issued an executive order titled “Initial Rescissions of Harmful Executive Orders and Actions.”
FTC Finalizes Amendments to Rule Protecting Children’s Data: Regulatory Freeze Likely Signals Further Revisions
Jana S. Farmer
The new Children's Online Privacy Protection Act (COPPA) Rule was to take effect 60 days after its publication in the Federal Register; however, the Rule is considered withdrawn pursuant to the January 20, 2025, Regulatory Freeze pending review by the FTC Chair or his delegates.
Trump’s Executive Order Reshapes U.S. AI Policy; Italian Regulator Blocks DeepSeek’s Processing of Personal Data
Jonathan Meer and Jana S. Farmer
The U.S. response to DeepSeek’s emergence has been swift. President Trump’s newly announced “Stargate” initiative, revealed on January 21, 2025, aims to counter China’s AI advances by investing up to $500 billion in AI infrastructure.
HHS-OCR Risk Analysis Enforcement Initiative Continues Under New Administration
Brian H. Myers and Mendel Epstein
Since launching its Risk Analysis Initiative, the U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) has secured nearly $900,000 in settlements from health care entities falling short of HIPAA’s Security Rule. Risk analysis is not optional – it's the first step in HIPAA compliance. With no set methodology and common missteps such as relying on templates or skipping data inventories, many organizations fall short. Learn what HHS expects and how to avoid costly mistakes.
Fourth Circuit Reverses Class Certification of Data Breach Claims
Anjali Das
As more companies become victims of sophisticated cyber-attacks, it is common for them to be extorted twice – once by the cybercriminals and second by the plaintiffs’ class action bar, which routinely files data breach class actions with the expectation of receiving sizeable fee awards.
Courts Continue to Grapple with VPPA Class Actions
Anjali Das
With Video Privacy Protection Act (VPPA) litigation increasingly expanding into class action lawsuits, the courts remain conflicted on several fronts as they grapple with the fundamental rights of individuals to privacy in their video viewing habits, juxtaposed with today’s businesses availing themselves of targeted technology designed to further their marketing and business objectives.
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