Mickey Leibner

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On September 15, 2022, President Biden issued an executive order (the “Order”) to provide further detail and expand on the factors that the Committee on Foreign Investment in the United States (“CFIUS”) uses to evaluate whether a foreign investment provides a risk to US national security. The Order1 is the first executive order to…

While most companies are squarely focused on the California Consumer Privacy Act (CCPA), 2019 has seen other major developments on data privacy and security. Several states have reacted to the CCPA by passing or pursuing their own security and privacy legislation, and others will likely follow. Namely, Nevada, New York, Maine and North Dakota have…

Cybersecurity and data privacy presented some of the most complex legal questions and business risks that multinational companies faced in 2018. Businesses should expect continued growth in cyber and data privacy challenges in 2019.

Cyber attacks became even more sophisticated and severe in 2018, with incidents ranging from exfiltration and extortion schemes, to attacks on…

On August 13, 2018, President Trump signed into law the Foreign Investment Risk Review Modernization Act, or FIRRMA, legislation designed to enhance US national security and protect US technological achievements and superiority.

FIRRMA contains a number of provisions that modify the scope and responsibilities of the Committee on Foreign Investment in the United States, or…

On September 28, California Governor Jerry Brown signed a first-of-its kind law to regulate the security of connected devices that make up the “Internet of Things” (“IOT”)—connected fitness trackers, smart appliances, home alarm systems and much more.

The rapid adoption of these connected devices has led to an increase in security risk and a corresponding…

On June 6, 2018, the US Court of Appeals for the Eleventh Circuit ruled in favor of LabMD in the medical testing company’s closely watched challenge to the Federal Trade Commission’s (“FTC”) data security enforcement action. While assuming that the FTC was correct that LabMD’s allegedly unreasonable security practices constituted an unfair act or practice…

A bipartisan group of lawmakers introduced bills in the US House and Senate that would significantly amend the Stored Communications Act (SCA),1 which forms Title II of the Electronic Communications Privacy Act, to address issues frequently arising from cross-border data requests by law enforcement.2 If enacted into law, the Clarifying Lawful Overseas Use…

The cybersecurity and data privacy landscape raised new and challenging questions for businesses and governments around the world in 2017. We are poised to see new waves of technological disruption and legal complexity in 2018.

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On May 11, 2017, President Donald Trump signed Executive Order 13800 (“EO 13800”), titled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.” This executive order constitutes the first significant action to address cybersecurity by the Trump administration. The executive order is divided into three sections addressing cybersecurity for federal networks, critical infrastructure, and the…

On December 29, 2016, President Obama issued an executive order to authorize several actions in response to cyber activities of the Russian government that were related to the 2016 US election.1 The action receiving the most public attention was the imposition of primary economic sanctions on nine persons found to be responsible for or…