Tech & Sourcing @ Morgan Lewis

In a recent LawFlash, a team of Morgan Lewis lawyers reviewed the US Securities and Exchange Commission’s proposal for a new rule and rule amendments that, if adopted as proposed, would require registered investment advisers to meet certain requirements when outsourcing “Covered Services.” The rule includes heightened requirements for due diligence, monitoring, and reporting, including amendments to Form ADV.

In March 2022, President Joseph Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022, which tasked the Cybersecurity and Infrastructure Security Agency (CISA) with developing and implementing regulations around cyber incident and ransom payment reporting. Under the act, the CISA is to gather the information it receives from covered entities and analyze it to the extent that such information can be used to help identify ways to avoid similar incidents in the future, or minimize the harmful potential impacts.

On September 15, the EU Commission published a proposal for a Cyber Resilience Act (Proposed CRA), which builds on the 2020 EU Cybersecurity Strategy and the 2020 EU Security Union Strategy, with the aim of ensuring the cybersecurity of products with digital elements and the provision of sufficient information to consumers about the cybersecurity of the products they buy and use.

The Department for Digital, Culture, Media & Sports (DCMS) confirmed on August 30, 2022, that it will push forward with tough new regulations and a code of practice to bolster the security and resilience of the United Kingdom’s electronic communications networks and services against current and future cyberthreats.

With the COVID-19 pandemic, many industries experienced a major shift in how the personnel of key suppliers worked, with “nonessential” personnel in large part working remotely. When this shift to remote work first happened (rather abruptly for many companies), security was a critical consideration, but one that was handled in many instances outside the supplier contract, with both parties focusing on keeping business operations going with must-have data and security safeguards in place.

As we all try to keep up with the Metaverse and as the healthcare system wilts under a data deluge, the convergence of realities in a shared online space is not merely a chance for practitioners and patients to find each other and interact in new ways, it’s also a rare opportunity to help a new paradigm sprout. The answers to detangling some sticky wickets of Health 2.0, like ensuring efficient, secure communications and exchanges between participants, may share a common thread: clear out (not just debug) the cobwebs and flip the crypt.

The US Securities and Exchange Commission (SEC) on March 9 proposed new rules to enhance and standardize disclosures relating to the risk management, strategy, governance, and incident reporting requirements of cybersecurity applicable to public companies (registrants).

The unfolding conflict in Eastern Europe is likely going to cause a wide-ranging impact to companies with business operations or personnel in the region. For technology and commercial contracting professionals, this means potential contract disputes, force majeure issues, business continuity implications, and cybersecurity concerns.

In this edition of our Spotlight series, we welcome David Plotinsky to discuss key issues that technology lawyers and professionals should keep in mind regarding tech transactions, foreign investment, and review by the Committee on Foreign Investment in the United States (CFIUS).

We have heard time and time again that we should not reuse passwords across accounts—if a cybercriminal were to obtain access to the password of one account, they could then use such password to access multiple accounts. This use of stolen passwords and other credentials has led to a rise in credential stuffing attacks. A new guide released this month by New York Attorney General Letitia James investigates the rise in credential stuffing attacks and best practices designed to prevent such attacks.