The United States Court of Appeals for the Eighth Circuit recently affirmed the district court’s dismissal of a putative class action brought by customers of the brokerage firm Scottrade in the wake of an alleged data breach impacting Scottrade in 2013. The named plaintiffs had asserted several contract-based claims against Scottrade, alleging that Scottrade had […]
Cybersecurity
FTC Updates Data Security Guidance for Businesses
In June, the Federal Trade Commission released a new guide for businesses on implementing sound data security protections and procedures. In “Protecting Personal Information: A Guide For Business,” the FTC offers “10 practical lessons” based on the numerous enforcement actions brought by the FTC. The guide offers insight into the thinking of this key federal […]
Alston & Bird Issues Cyber Alert on the New Chinese Cybersecurity Law and Regulations
On Monday, June 26, 2017, Alston & Bird’s Kim Peretti, Justin Hemmings, and Emily Poole issued an advisory on recent changes in Chinese Cybersecurity Law. The new law asserts greater control over all data collection and generation in China, as well as the processing of data from Chinese data subjects. While the law entered into […]
Fourth Circuit Court of Appeals Allows Wikimedia Upstream Suit to Proceed
On May 23, 2017, the Fourth Circuit Court of Appeals issued its opinion on Wikimedia foundation v. NSA/CSS. The Court vacated and remanded the NSA’s previously successful motion to dismiss Wikimedia’s Fourth and First Amendment claims against the NSA’s Upstream surveillance program, while a 2-1 majority upheld the dismissal of the eight other organizations joined […]
President Trump Signs Long-Awaited Cyber Executive Order
On May 11, 2017, President Trump signed a long-awaited executive order on cybersecurity (the “Order”). The Order directs executive agencies to complete a risk management report based on the NIST Cybersecurity Framework (the “Framework”) and also requires the Department of Homeland Security (DHS) and other agencies to undertake activities in support of effective cybersecurity risk […]