Stuart Levi

On December 2, 2016, the Office of the Comptroller of the Currency announced its willingness to entertain applications from fintech companies for limited purpose national bank charters. This is a potentially attractive alternative for many fintech businesses. How the OCC answers unresolved questions, both through policy and in practice, will affect whether and how attractive the special purpose national bank charter will be for fintech companies.

In this month's edition of our Privacy & Cybersecurity Update, we examine modifications to New York state's proposed cybersecurity regulations for financial institutions, a 5th Circuit ruling that a phishing scam is not covered under a conventional non-cyber insurance policy, the U.S. Treasury's first-ever report on the protection of insurance consumers and the FCC chairman's letter proposing increased oversight over internet-of-things devices. We also highlight the Commission on Enhancing… Show more

In this month's edition of our Privacy & Cybersecurity Update, we examine modifications to New York state's proposed cybersecurity regulations for financial institutions, a 5th Circuit ruling that a phishing scam is not covered under a conventional non-cyber insurance policy, the U.S. Treasury's first-ever report on the protection of insurance consumers and the FCC chairman's letter proposing increased oversight over internet-of-things devices. We also highlight the Commission on Enhancing National Cybersecurity's recommendations for the incoming Trump administration. Show less

In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the internet, and the impact that data localization and cybersecurity laws in Russia and China could have on companies' business interests in each country.

In this edition of our Privacy & Cybersecurity Update, we take a look at the FCC's new rules for broadband privacy, the FTC's new playbook for data breach response and notification, the NHTSA's voluntary guidance for automotive cybersecurity and the G7's cyberrisk experts' framework for the financial sector. We also examine federal banking regulators' cybersecurity proposal for large banks and other institutions, a European High Court ruling on IP addresses, a new study showing consumers'… Show more

In this edition of our Privacy & Cybersecurity Update, we take a look at the FCC's new rules for broadband privacy, the FTC's new playbook for data breach response and notification, the NHTSA's voluntary guidance for automotive cybersecurity and the G7's cyberrisk experts' framework for the financial sector. We also examine federal banking regulators' cybersecurity proposal for large banks and other institutions, a European High Court ruling on IP addresses, a new study showing consumers' feelings toward cybersecurity awareness, and cases involving insurance coverage claims by a grocery chain and a pair of dismissals involving failure to establish cyber-related harm. Show less

New York state has proposed a new regulation that would require banks, insurance companies and other financial services institutions regulated by the state Department of Financial Services to establish and maintain a cybersecurity program. If enacted, this would be the first statewide regulation mandating that financial institutions create such a program.

In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's proposed cybersecurity regulations for financial institutions and the FTC's comments on whether compliance with the NIST Cybersecurity Framework ensures compliance with the agency's cybersecurity requirements. We also discuss FTC Chairwoman Edith Ramirez's comments on the need to… Show more

In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's proposed cybersecurity regulations for financial institutions and the FTC's comments on whether compliance with the NIST Cybersecurity Framework ensures compliance with the agency's cybersecurity requirements. We also discuss FTC Chairwoman Edith Ramirez's comments on the need to protect against ransomware attacks, a German Data Protection Authority's guidelines on companies using the Privacy Shield and the CFTC's finalization of its systems safeguards rule. Show less

In this edition of our Privacy & Cybersecurity Update, we highlight guidance issued by the Irish data protection authority regarding the use of location data, as well as the FTC's request for comment on its Standards for Safeguarding Customer Information. We examine a draft model law that establishes minimum data security standards for cybersecurity insurers and review the Centers for Medicare and Medicaid Services' memo calling for increased scrutiny of social media policies in nursing homes… Show more

In this edition of our Privacy & Cybersecurity Update, we highlight guidance issued by the Irish data protection authority regarding the use of location data, as well as the FTC's request for comment on its Standards for Safeguarding Customer Information. We examine a draft model law that establishes minimum data security standards for cybersecurity insurers and review the Centers for Medicare and Medicaid Services' memo calling for increased scrutiny of social media policies in nursing homes. We also discuss recent court decisions, including an online retailer's data breach settlement and the dismissal of a data breach class action in federal court due to lack of standing. Show less

In this edition of our Privacy & Cybersecurity Update, we discuss the revised Privacy Shield and what companies should be doing to prepare for the new program, the FTC's reinstatement of its LabMD case, the European Parliament's passage of a new cybersecurity directive, the automotive industry's newly released best practices for cybersecurity in vehicles and the White House's new directive on responding to cyber incidents. We also discuss recent court decisions including the 3rd Circuit's… Show more

In this edition of our Privacy & Cybersecurity Update, we discuss the revised Privacy Shield and what companies should be doing to prepare for the new program, the FTC's reinstatement of its LabMD case, the European Parliament's passage of a new cybersecurity directive, the automotive industry's newly released best practices for cybersecurity in vehicles and the White House's new directive on responding to cyber incidents. We also discuss recent court decisions including the 3rd Circuit's ruling on persistent device identifiers and a Florida federal court's dismissal of a data breach class action in which the plaintiff did not prove sufficient harm. Show less