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Security, Privacy and the Law

Security and privacy issues encountered by businesses often require immediate and discreet solutions. We cover topics that arise from guiding our clients through the process of complying with the ever-growing number of state, federal and international laws governing information security, identity theft, surveillance and other privacy issues.

Security, Privacy and the Law
SEC and DOJ Bring First-Ever Crypto Insider Trading Actions
Blog August 02, 2022
This year had already seen an uptick in federal enforcement activity focused on digital assets with the expansion of the SEC's Crypto Assets and Cyber Unit (see our prior client alert on that expansion and its impact here) and the formation last year of the DOJ's National Cryptocurrency Enforcement Team. On July 21, 2022, the agencies executed on this enforcement priority by bringing the first-ever insider trading actions involving cryptocurrency…
Cybersecurity 2019 — The Year in Preview: Cryptocurrency and SEC Enforcement
Blog January 09, 2019
Editors' Note:  This is the fifth in our third annual series examining important trends in data privacy and cybersecurity during the new year.  Our previous entries were on emerging threats, state law trends, comparing the GDPR with COPPA, and energy and security.  Up next:  political advertising. In our 2018 SEC year in preview post…
Regulators Step Up Scrutiny of Cryptocurrency Advertising as Industry Stance Softens
Blog July 13, 2018
We posted earlier this year about increased scrutiny of cryptocurrency advertising, especially the promotion of Initial Coin Offerings, or ICOs.  The key takeaway from that post was that the frenzy around cryptocurrencies – including as an investment opportunity for individuals who aren't otherwise active investors – has led to a number of efforts to curtail cryptocurrency promotion, from both regulators and industry stakeholders…
HoweyCoins:  The SEC's Newest Attempt at Educating the Public on ICOs.
Blog May 30, 2018
Perhaps in the spirit of the saying “if you can't beat them, join them,” the Securities and Exchange Commission recently launched an initial coin offering website of its own – HoweyCoins.com.  No, the SEC has not suddenly decided to join the coin offering craze.  But the Office of Investor Education and Advocacy has launched this new mock site to illustrate the dangers of such offerings to retail investors…
New SEC Guidance Addresses Disclosure Requirements for Breach Events
Blog February 27, 2018
As the SEC has made clear on numerous occasions over the past year, cybersecurity will continue to be a major enforcement priority under the Commission's new leadership.  As we have previously covered, one new area of potential enforcement activity that the SEC has warned about concerns the failure of public companies to make disclosures regarding material cyber events.  While the SEC had previously provided some guidance to publicly traded companies about when to disclose such events…

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The Foley Hoag Security, Privacy and the Law Blog focuses on the security and privacy issues encountered by businesses that often require immediate and discreet solutions. Here we cover topics that arise from guiding our clients through the process of complying with the ever-growing number of state, federal and international laws governing information security, identity theft, surveillance and other privacy issues.

Our lawyers assist clients with questions on how to legally and ethically investigate abusive e-mail, take down infringing Web sites, maintain surveillance of company facilities and information systems, and remediate breaches of security. We work with clients to ensure the legality and success of existing security policies and protocols and help them develop new programs when necessary. Our lawyers have managed unexpected crises ranging from surprise inspections by government investigators to obtaining emergency court orders needed to secure stolen company computers from rogue insiders.

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