Fall Cybersecurity Enforcement Update: State and Federal Regulators Increase Scrutiny on Victims of Cyberattacks

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We have written here previously about the dramatic increase in cyberattacks on companies of all types since the start of the COVID-19 pandemic. Indeed, by some estimates, ransomware attacks have increased over 90% during the first half of 2021 compared to the same period last year. As these and other types of cyberattacks have increased, various federal and state regulators have correspondingly stepped up efforts to investigate and bring enforcement actions – which often include large fines – against companies that are perceived to have been negligent in their cybersecurity efforts. Two of the most active agencies in cybersecurity enforcement have been the New York Department of Financial Services (NYDFS) and the United States Securities & Exchange Commission (SEC), both of which have made important announcements regarding cybersecurity compliance in the past few months.

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Sedona Conference Working Group on Data Security and Privacy Liability Releases Draft Incident Response Guide

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The Sedona Conference®, a nonprofit research and educational think tank dedicated to the advanced study of law, particularly in information governance, has released its Incident Response Guide , open for public comment through June 19, 2018.  Drafted by Working Group on Data Security and Privacy Liability (WG11), the guide is meant to serve as a practical resource for practitioners dealing with the legal, technical, and policy issues related to data-related incidents – from distributed denial-of-service to ransomware attacks.

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