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Companies Welcome DOJ Reprieve in Data-Transfer Rule Enforcement

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Miriam Wugmeister and Kaylee Cox Bankston spoke with Bloomberg Law about the Department of Justice's recent guidance on the bulk...

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Miriam Wugmeister and Kaylee Cox Bankston spoke with Bloomberg Law about the Department of Justice's recent guidance on the bulk data transfer rule, which aims to prevent foreign adversaries from accessing sensitive U.S. data. They highlighted the importance of companies taking proactive steps during the DOJ's 90-day enforcement reprieve to ensure compliance. Despite the guidance, many questions remain unanswered, particularly regarding specific definitions and exemptions within the rule. Companies are encouraged to seek further clarification from the DOJ to navigate the complexities of the new regulations effectively.Read the <a href="https://www.bloomberglaw.com/product/blaw/bloomberglawnews/bloomberg-law-news/XCKPMQ7C000000?bc=W1siU2VhcmNoICYgQnJvd3NlIiwiaHR0cHM6Ly93d3cuYmxvb21iZXJnbGF3LmNvbS9wcm9kdWN0L2JsYXcvc2VhcmNoL3Jlc3VsdHMvNjY2NzU0MjYxNTE2MzkxYjVmNWY2ODQ2NTJhOGY4MzgiXV0--534015811cdd18b350f3405f9ec6bc5184fe9823&criteria_id=666754261516391b5f5f684652a8f838&search32=bjIYR1rvm1ftBvcdLvyXOQ%3D%3DaWUt3_VuJo-VwC1FTsUWHuUgsOrTACqjk8R6kr781WN52lYxJyAPRSpDmfjsYC50Z9vlFg7zMg-r0kYOXCMHig%3D%3D" target="_blank">full article</a> (subscription may be required).

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Few lawyers in the world have Miriam Wugmeister’s breadth and understanding of privacy and data security laws, obligations, and practices. As co-chair of Morrison Foerster’s preeminent global Privacy + Data Security Group, Miriam is regularly called upon by some of the world’s largest and most complex multinational organizations to confront their most difficult U.S. and international privacy and cybersecurity challenges. Ranked among the top in the profession by all major directories, her clients say: “Miriam is the best privacy counsel in the country that I have ever worked with. Her advice is always spot-on, practical, and helpful, and her judgment is impeccable.” “Miriam is a true leader in her field. I appreciate her brilliance and expertise.” “She keeps up with a rapidly evolving area and is quick to answer the most challenging questions with practical guidance a business can use.” (Chambers USA).Miriam’s counsel is particularly prized for complex global privacy and data security incidents. She has navigated some of the largest and most consequential incidents in history, including assisting Mandiant when it discovered and warned the world about the SolarWinds compromise. Having helped hundreds of clients respond to cybersecurity incidents, Miriam is called upon to advise and educate boards of directors regarding cybersecurity and the key role that boards play in understanding and overseeing the potential risks. Miriam works with companies to develop comprehensive customized incident response plans, train staff, conduct extensive tabletop exercises, and address key issues with executive management. While she regularly advises clients on responses to ransomware attacks and other cyber extortion incidents, she works on all other aspects that arise in the context of large security incidents including communication strategies, notifications to customers, consumers, and regulators; public disclosures; interactions with law enforcement globally; litigation; and investigations by regulators around the world. Miriam advises organizations on the planning and execution of complex global compliance efforts and defends regulatory matters relating to privacy and cybersecurity in the United States and internationally.Miriam serves as a board member of the <a href="https://sustainability.adp.com/adp-innovation-strategy.html#:~:text=In%20harnessing%20the%20power%20of%20big%20data%20through,that%20involve%20artificial%20intelligence%2C%20ML%20and%20big%20data." target="_blank">ADP AI & Data Ethics Committee</a> and is a leader in <a href="/capabilities/artificial-intelligence" target="_self">MoFo’s AI Group</a>, a cross-practice team that provides sophisticated, full-service representation to a wide range of clients with companies that both develop and use cutting-edge, rapidly changing technology in the AI space. Miriam uses her extensive industry experience and collaborative global approach to provide her clients with fast access to the newest trends and developments in AI.As founder and leader of the Global Privacy Alliance (GPA), Miriam encourages the development of rational privacy laws around the world and monitors privacy practices, laws, and regulations globally. On behalf of the GPA’s members, she takes an active role in anticipating upcoming privacy legislation and educating regulators on the commercial implications of proposed regulations.Chambers USA and Chambers Global recommend Miriam in the top tier of privacy and data security lawyers worldwide, with clients commenting to Chambers USA that she is “extremely practical and phenomenally smart. Just about one of the best privacy advisers there is,” and The Legal 500 US recognizing her as a leading lawyer for her “professionalism and strong international presence.” For her work in data protection and privacy, Miriam was an inaugural inductee into The Legal 500 Hall of Fame, which is comprised of outstanding U.S. lawyers who have been recommended as The Legal 500’s Leading Lawyers for the last six consecutive years. The Cybersecurity Docket has recognized Miriam as one of its Incident Response 50, a list of the top data breach response lawyers globally. She has been named one of Financial Times’ Top 10 Innovative Lawyers in North America and a National Law Journal Cybersecurity and Data Privacy Trailblazer for her breakthrough work in this space. Miriam was also previously designated as an Ethisphere Attorney Who Matters and a BTI Client Service All-Star.

Miriam Wugmeister

Partner

Kaylee Cox Bankston is a partner in Morrison Foerster’s Privacy + Data Security Group. She advises clients across all industries on complex cybersecurity, privacy, and data matters, including cybersecurity investigations and breach preparation, corporate governance and risk management, regulatory investigations, litigation and class action defense, and other emerging industry issues, such as the use and impacts of Artificial Intelligence (AI). Kaylee was recognized by The Legal 500 US for her work in Cyber law (including data privacy and data protection) in 2023. Kaylee is also a co-author of The International Handbook of AI Law: A Guide to Understanding and Resolving the Legal Challenges of Artificial Intelligence.<ul><li>Cybersecurity Investigations and Incident Response Preparedness: Kaylee has extensive experience leading clients in investigations of sophisticated cyberattacks and security breaches conducted by high-profile threat actor groups, including ransomware, data extortion events, and business email compromises. She also counsels clients on incident response programs and preparedness, including developing and conducting cybersecurity simulations and “tabletop” exercises, preparing clients for security assessments, audits, and testing, and advising on post-assessment implementation and risk mitigation strategies. Kaylee also advises clients on cybersecurity information- and intelligence-sharing, data access requests, and related national security matters.</li><li>Regulatory Investigations and Litigation: Kaylee has substantial experience representing clients in privacy and security investigations and related regulatory actions. She has represented companies in cybersecurity and privacy matters before U.S. and international regulators, including the U.S. Federal Trade Commission (FTC), the U.S. Securities and Exchange Commission (SEC), the U.S. Department of Justice (DOJ), the U.S. Department of Health and Human Services, Office of Civil Rights (HHS OCR), New York Department of Financial Services (NYDFS), and state attorneys general, and in litigation matters in various U.S. federal and state courts.</li><li>Public Companies Counseling, Corporate Governance, and Compliance: Kaylee has advised numerous companies in connection with the new SEC Cybersecurity Disclosure Rules, including counseling on disclosure obligations for material cybersecurity incidents and developing annual SEC cybersecurity disclosures for publicly traded companies. Kaylee also counsels executives and boards of directors on cybersecurity and privacy corporate governance and risk management matters. She also regularly advises clients on the development of cybersecurity and privacy programs and compliance with other regulatory requirements and standards, such as the NYDFS Part 500 cybersecurity requirements, the FTC Safeguards Rule, the FTC Act, the California Consumer Privacy Act (CCPA) and state data privacy laws, the Illinois Biometric Information Privacy Act (BIPA), the Children’s Online Privacy Protection Act (COPPA), the Health Insurance Portability and Accountability Act (HIPAA), the Family Educational Rights and Privacy Act (FERPA), the Gramm-Leach-Bliley Act (GLBA), and the Payment Card Industry Data Security Standard (PCI DSS).</li><li>Corporate Transactions and Vendor Management: Kaylee counsels clients on vendor management programs, including developing security and privacy contracting frameworks and negotiating data protection agreements. Kaylee also advises clients on privacy and security diligence matters in connection with corporate transactions.</li></ul>Kaylee is an adjunct professor at Georgetown University Law Center, where she teaches a cybersecurity course. Kaylee is a Certified Information Privacy Professional (CIPP) through the International Association of Privacy Professionals. She previously served on the Center for a New American Security, Technology Policy Lab Working Group for Data Privacy and the Bar Association of the District of Columbia Board of Directors and National Security Steering Committee. She is also a member of Women in CyberSecurity (WiCyS).

Kaylee Bankston

Privacy + Data Security

Privacy + Data Security Litigation