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Stand Up, Sit Down, Stand Up: Ninth Circuit Revives Spokeo No-injury Suit

In a decision surely welcomed by the plaintiffs’ bar, the US Court of Appeals for the Ninth Circuit held, on August 15, 2017, that a putative class action plaintiff has Article III standing as long as the plaintiff alleges just slightly more than a mere statutory violation. The case, Robins v. Spokeo, was on remand from the United States Supreme Court following that Court’s well-known...

House Passes Cybersecurity Consortium Act

The House of Representatives passed the National Cybersecurity Preparedness Consortium Act, which will allow the Department of Homeland Security (DHS) to establish a consortium to address cybersecurity threats and incidents. The consortium would provide training to state and local first responders and officials, conduct training and simulation exercises, and help states develop...

Energy Bill Addressing Cyber Issues Passes Senate

The Energy Modernization Act, a comprehensive energy bill that includes electric grid cyber protections, was passed by the Senate by an 85-12 vote. The bill includes language that gives the Department of Energy greater authority to intervene in cyber emergencies as well as language that protects cyber threat data from public disclosure by classifying the data as “critical...

Cyber Bill passed into law as part of Omnibus Spending Package

The Cybersecurity Act of 2015 (“Act”), which was added to the fiscal 2016 appropriations measure, was signed into law on December 18, 2015. The Act includes, among other things, incentives for companies to participate in sharing information about data threats with the government and among themselves. Among these incentives is liability protection for those who participate in the...

Cybersecurity Amendment Included in Highway Bill

UPDATE:  The Fixing America’s Surface Transportation Act, the FAST Act, including the cybersecurity amendment, was signed into law by the President on December 4, 2015. Under an amendment to the highway bill approved last week by the U.S. House of Representatives, the federal government would be authorized to direct owners and operators of critical energy infrastructure to act to...

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