Fresh off the heels enacting the California Consumer Privacy Act, California Governor, Jerry Brown, signed the country’s first law governing the security of Internet of Things or connected devices. The bill, SB 327, is entitled “Security of Connected Devices.”

Beginning on January 1, 2020, all manufacturers of connected devices will be required to equip the device with reasonable security features to protect against the unauthorized access, destruction, use, modification or disclosure of information that is collected or transmitted by the device.
Continue Reading California Steps into the Fray to Regulate the Security of Connected Devices

healthcare technology iotThe influence of the Internet of Things (IoT) will undoubtedly be transformational with a total potential economic impact estimated to be $3.9 trillion to $11.1 trillion a year by 2025. In the race into the IoT marketplace, there are both known and unknown legal hurdles that will affect those who offer of goods and services during the proliferation of the Internet of Things.

Some of the current and potential legal hurdles related to the IoT are well known, some are not, and some are the result of the intersection between the physical and virtual worlds, and the collision between two intersecting major drivers of innovation in IoT. On one hand, there are the established manufacturers of products and consumer goods whose expertise in developing, testing and manufacturing products puts them in an advantageous position. On the other hand, there are the technology companies who are used to developing software and whose expertise lies in software development, data collection, and data processing.
Continue Reading Hurdles the Internet of Things Must Clear for Manufacturers and Providers

clocking systemA Wisconsin employer recently made headlines when it announced that it was offering its employees the option to be outfitted with a microchip to replace the cards or badges they use regularly while at work. The company, called Three Square Market, held a “chip party” on August 1 during which 41 out of its 85 employees opted to have the small chip implanted in their hand. Although the purpose of this RFID chip is limited to office functions such as making purchases in the break room market, logging into computers and printers, and accessing the building, one cannot help but think about the implications this type of technology could have on employee privacy.

Continue Reading It’s 10:00 p.m. – Do You Know Where Your Employees Are?

spinningPlatesiStock_000011904878_LargeIt’s a dangerous world for protected information, with major breaches in the news and a challenging cyber-threat environment behind the scenes.  Cyber theft for competitive advantage, denial of service attacks, ransomware intrusions, and even state-sponsored espionage are real dangers, as are conventional breaches compromising individuals’ protected information.  State PII breach notification obligations loom large for customer and employee data.  For BtoC organizations, cardholder data can also be at risk.  And HIPAA/HITECH imposes its own breach response requirements for employers’ self-funded health plans.

Organizations must be prepared to respond to data breaches, but effective response is no small matter.  There are ten different channels of response activity for an organization that has suffered a security breach:  Security, Legal, Forensic, Law Enforcement, Regulators, Insurance Coverage, Public Relations, Stakeholders, Notification, and Personnel Management.  Most of these activities are involved in every breach, and all must be dealt with in significant breaches.  These activities are not sequential.  They play out in parallel, with interrelated effects … and with the response clock ticking.


Continue Reading The Ten Key Activities for Effective Data Breach Response – Are You Prepared?

The Husch Blackwell Cortex office is co-located with innovators, entrepreneurs and start-up companies and provides quality consultation in a cost effective manner.  The Cortex Innovation Community is moving St. Louis toward becoming a world-class technology innovation district.

Start-up companies typically encounter a host of legal issues that cut across many legal disciplines. The goal of our Cortex initiative is to provide creative and innovative solutions targeted to the particular needs of the start-up and to provide these solutions in a cost effective manner.  Working with a start-up at their early stages is critical to their success.
Continue Reading Husch Blackwell’s Cortex Office