New regulatory activity may help companies experience fewer ransomware attacks and could impact whether ransoms can be paid to threat actors. The activity includes guidance and sanctions by the Department of Treasury (“Treasury”) and a host of resources provided by the Health and Human Services Office for Civil Rights. This post describes the activity, its impact on companies that experience a ransomware attack, and practical takeaways for in-house counsel.
Continue Reading To Pay or Not To Pay: What New Regulatory Activity Means for Ransomware Victims

With only three days left in the legislative session, and on the morning when my Op-Ed was published by the Tallahassee Democrat, the Florida Senate weighed in on the House’s passage of HB 969.  There were two ways it could have done that: (1) take the House version sent to the Senate via messages and make changes to and vote on that version; or (2) ignore the version provided via messages and simply pass the pending version of SB 1734 in the Senate then send that version to the House via messages. It chose path #1. Moments ago, the  Senate passed a strike-all amendment that struck the entirety of HB 969 and replaced it with a modified version of SB 1734. A separate post will discuss the modified version of SB 1734 in greater detail, but this post briefly explains where things stand now and what to expect next.
Continue Reading What Just Happened With Florida Privacy Legislation?

The Florida House of Representatives has officially passed HB 969, which would create the most aggressive privacy law in the United States. The bill would apply to companies that generate $50 million or more in annual gross revenue and collect a significant amount of personal information about Florida residents. In addition to imposing CCPA-like

Today, the Florida House of Representatives Commerce Committee voted unanimously to allow HB 969, which would be the most aggressive privacy law in the country, to move forward for a full House floor vote. This post explains what happened, what will happen next, and some of the unique political forces and considerations behind HB 969.    
Continue Reading Have Privacy Advocates Found A New Path Forward in Red States?

The Florida Senate appears poised to hit the brakes on privacy legislation that has thus far soared through committees in both legislative chambers.  The House version (HB 969) and the Senate Version (SB 1734) would have not only created the same consumer privacy rights as the CCPA, the bills would have created massive private rights of action, far broader than any other privacy law in the United States.  

Today, a “strike all” Committee Amendment was offered to the Senate version.  TRANSLATION – the Senate Rules Committee, where SB 1734 is now pending, is proposing a “friendly amendment” that would strike the entirety of SB 1734 and replace it with a new version.
Continue Reading Momentum Slows for Florida Privacy Law; What’s Next?