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The EU Data Act: A new European legal framework with rules for data access, switching cloud providers and interoperability
On 22 December 2023, the EU published Regulation (EU) 2023/2854, the Data Act, in the Official Journal of the EU. The Data Act is a new regulation providing harmonised rules on access to data, switching cloud providers and interoperability requirements across the EU. It is widely expected that the Data Act will have a significant…
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The SEC Raises the Stakes: New Cybersecurity Rules for Publicly Traded Companies Hit the Books in 2023
In 2023, the U.S. Securities and Exchange Commission (“SEC”) issued its now-fully implemented Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure Rule. The Rule reflects the reality that cybersecurity is now a major operational issue for companies and seeks to standardize the disclosures of cyber incidents and overall cyber risk management for publicly traded companies….By:…
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In 2024, the Digital Health Revolution Continues
Digital health is showing signs of life despite financial markets that seem determined to bring some of 2023’s volatility into the new year. Stocks are up and down, and bond yields are climbing. Inflation is proving stubborn, and the Federal Reserve is sticking with the hawkish tone that is known to keep equity prices sluggish….By:…
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FINRA Update on Targeted Exam Regarding Crypto Asset Communications – Potential Violations in 70% of Retail Communications Reviewed
On January 23, 2024, the Financial Industry Regulatory Authority, Inc. (“FINRA”) published an update to the targeted exam it launched in November 2022, which was designed to review – for compliance with FINRA Rule 2210 – the practices of member firms that communicate with retail customers concerning “Crypto Assets” (generally, assets that are issued or…
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AI Law and Policy Developments Likely Will Be Seen This Year
One of 2023’s more significant — and potentially disruptive — developments in business and culture was the arrival of a slew of generative artificial intelligence (AI) systems. At the beginning of 2023, ChatGPT quickly captured our attention with its ability to deliver cogent, polished answers to most questions. Originally published in North Carolina Lawyers Weekly…
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Plaintiff’s Motion for Partial Summary Judgment to Prevent Government Contractor Defense Granted
Court: United States District Court for the Eastern District of Louisiana – In the case of Matherne v. Huntington Ingalls Inc., plaintiffs moved for partial summary judgment regarding the Avondale Interests’ government contractor defense….By: Goldberg Segalla
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Motion for Partial Summary Judgment of Shipyard Subcontractor Granted
Court: United States District Court for the Eastern District of Louisiana – Defendant Hopeman Brothers Inc. moved for partial summary judgment with respect to plaintiffs’ claims of intentional tort, alter ego, and manufacturer strict liability….By: Goldberg Segalla
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Ardent Health Services Files Notice of Data Breach in the Wake of Ransomware Attack
On January 24, 2024, AHS Management Company, Inc., better known as Ardent Health Services (“Ardent”), filed a notice of data breach with the Attorney General of Texas after discovering that it was recently targeted in a ransomware attack. In this notice, Ardent explains that the incident resulted in an unauthorized party being able to access…
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Des Moines Orthopaedic Surgeons Notifies Patients of Data Breach Caused by “Vendor Failure”
On January 24, 2024, Des Moines Orthopaedic Surgeons, P.C. (“DMOS”) filed a notice of data breach with the Attorney General of Texas after discovering that an unauthorized actor was able to access the company’s computer network. In this notice, DMOS explains that the incident resulted in an unauthorized party being able to access consumers’ sensitive…
