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Darren J. Abernethy is a data privacy attorney with more than a decade of experience, including in private practice in Washington, D.C. and as in-house counsel at startups and a leading privacy technology vendor. He advises clients on matters related to advertising technology, privacy and data governance, and FTC best practices.

Darren focuses on the California Consumer Privacy Act (CCPA), the European Union General Data Protection Regulation (GDPR)/ePrivacy, digital advertising, direct marketing, and product counseling.

Regulators’ enforcement priorities evolve alongside technological changes and in response to consumer-impacting activities that are emphasized in news headlines. This trend can be seen in the SEC’s relatively recent focus on monitoring and bringing formal actions against opportunistic stock trading by corporate insiders who have knowledge of enterprise security incidents and data breaches.

As the SEC described in its 2018 guidance intended to assist public companies in preparing disclosures about cybersecurity risks and incidents: “Companies and their directors, officers, and other corporate insiders should be mindful of complying with the laws related to insider trading in connection with information about cybersecurity risks and incidents, including vulnerabilities and breaches.”

What follows is an overview of an article published in Cybersecurity Law Report (subscription paywall) last week by Greenberg Traurig’s Darren Abernethy regarding the interplay between corporate insider trading and cybersecurity incidents, including some possible planning steps for businesses to consider with legal counsel.
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With the California Attorney General’s enforcement of the California Consumer Privacy Act (CCPA) beginning on July 1, 2020, businesses are eagerly awaiting the forthcoming final version of the CCPA Regulations to ensure that their compliance is in line with the law and its Regulations. Due to the upcoming CCPA enforcement deadline, and California’s shelter-in-place status,

In an April 8 letter to the Federal Trade Commission (FTC), Senator Edward Markey (D-MA) urged the FTC to issue formal privacy and cybersecurity guidance for companies engaged in producing online conferencing services, and best practices for users of such services. This request comes in response to an exponential increase in the usage of videoconferencing

Today, the California Office of the Attorney General (OAG) released a second set of modifications to its proposed California Consumer Privacy Act (CCPA) Regulations.

The proposed regulations were first published and noticed for public comment on October 11, 2019. On February 10, 2020, the OAG released modifications to the proposed regulations based on the earlier

With the backdrop of an apricot-coral sunset from high above San Francisco Bay, Greenberg Traurig was pleased to welcome leaders from the United Kingdom’s Information Commissioner’s Office (ICO), as part of an IAPP S.F. Bay Area Knowledgenet held at the law firm on February 11.

The U.K.’s Information Commissioner, Elizabeth Denham, and ICO Executive Director,

Today, the California Office of the Attorney General (OAG) released much-anticipated revisions to its proposed implementing regulations to the California Consumer Privacy Act (CCPA).

The following were issued by the OAG on its website:

  • A notice of modifications to the text of the proposed regulations;
  • A redlined version of the revised regulations, showing the

Although the California Consumer Privacy Act (CCPA) has only been in effect for a matter of weeks – and its proposed regulations are not yet finalized – it could be overhauled by a new privacy law later this year. Last fall, the group that first formulated the CCPA as a ballot initiative in 2018, Californians

In the wake of the California Consumer Privacy Act of 2018 (CCPA) and an updated Nevada privacy law that took effect in October 2019, states are wasting no time in 2020 introducing new privacy laws of their own.

Joining the chorus of Virginia and Florida, this month state lawmakers in New Hampshire,