On July 13, 2023 the White House issued the National Cybersecurity Strategy Implementation Plan (“NCSIP”). The NCSIP identifies 65 initiatives – to be led by 18 different departments and agencies – that are designed as a roadmap for implementing the U.S. National Cybersecurity Strategy released earlier this year. This is the first iteration
China and Europe: De-Risking the Relationship
Two speeches by the EU Commission President, Ursula Von de Leyen in March and April 2023, set out the EU’s policy towards China. In late April, the UK Foreign Secretary set out the UK’s emerging strategy and on the same day earlier this month, a UK Government Committee released a report which heavily criticized the
Protecting Against Russia’s Asset Seizures: Investment Treaties May Provide a Remedy for Foreign Investors
On Sunday, July 16, Russian President Vladimir Putin signed a decree putting shares of Danone Russia JSC, owned by French yogurt maker Danone, and of Baltika Brewing Company, owned by Danish brewer Carlsberg A/S, under “temporary management.”
The Kremlin has since reportedly appointed Yakub Zakriev, deputy prime minister and agriculture minister of Chechnya, as head
Eleventh Circuit Holds Having Payment Information Posted to Dark Web Establishes Standing in Data Breach Case, Remands Class Certification Order
Last week, the Eleventh Circuit reversed in part and remanded an order certifying a class in a case arising from a data breach of Chili’s restaurants, Green-Cooper v. Brinker International, Inc., No. 21-13146, 2023 WL 4446420 (11th Cir. July 11, 2023). The opinion clarifies the Eleventh Circuit’s view of when data breaches give rise
CMS Proposes Changes to Medicare Telehealth Policies, Including Increased Payment Rates
On Thursday, July 13, 2023, the Centers for Medicaid & Medicaid Services (CMS) released the Calendar Year (CY) 2024 Physician Fee Schedule (PFS) Proposed Rule (CY 2024 PFS Proposed Rule), which proposes policy changes to the PFS and other Medicare Part B issues, effective on or after January 1, 2024. As explained in our article,
Congress Introduces Retroactive Foreign Agents Registration Act in Response to Wynn Decision
Last week, a bipartisan, bicameral group of legislators introduced the Retroactive Foreign Agents Registration Act (“RFARA”) in the U.S. Congress. Led by Chairman Mike Gallagher (R-Wis.) and Ranking Member Raja Krishnamoorthi (D-Ill.) of the U.S. House Select Committee on the Chinese Communist Party, the bill would amend the Foreign Agents Registration Act (“FARA”) to clarify
Congress Introduces Retroactive Foreign Agents Registration Act in Response to Wynn Decision
Last week, a bipartisan, bicameral group of legislators introduced the Retroactive Foreign Agents Registration Act (“RFARA”) in the U.S. Congress. Led by Chairman Mike Gallagher (R-Wis.) and Ranking Member Raja Krishnamoorthi (D-Ill.) of the U.S. House Select Committee on the Chinese Communist Party, the bill would amend the Foreign Agents Registration Act (“FARA”) to clarify
Another Court Dismisses VPPA Class Action Because Defendant’s Online Videos Were Only a Peripheral Part of Its Business
Last month, a defendant won dismissal of a putative VPPA class action when the court concluded that the defendant’s use of online videos was not central to the defendant’s business, and the VPPA therefore did not apply. Another court has now reached the same result. See Cantu v. Tapestry, Inc., 3:22-cv-01974 (S.D. Cal. July 10,
European Commission Adopts Adequacy Decision on the EU-U.S. Data Privacy Framework
On July 10, 2023, the European Commission adopted its adequacy decision on the EU-U.S. Data Privacy Framework (“DPF”). The decision, which took effect on the day of its adoption, concludes that the United States ensures an adequate level of protection for personal data transferred from the EEA to companies certified to the DPF. This blog
Key Takeaways from China’s Finalized Generative Artificial Intelligence Measures
On July 13, 2023, the Cybersecurity Administration of China (“CAC”), in conjunction with six other agencies, jointly issued the Interim Administrative Measures for Generative Artificial Intelligence Services (《生成式人工智能管理暂行办法》) (“Generative AI Measures” or “Measures”) (official Chinese version here). The Generative AI Measures are set to take effect on August 15, 2023.
As the first comprehensive