Cybersecurity and Data Regulation After Recent SCOTUS Decisions: Risk Management, Business and Compliance Strategies

This CLE webinar will guide cybersecurity and data protection counsel through the recent U.S. Supreme Court decisions in Loper Bright Enterprises v. Raimondo, which overturned the long-standing Chevron doctrine, and Corner Post Inc. v. Board of Governors of the Federal Reserve System, which expands the time period during which plaintiffs may challenge agency rules. The panel will explore the anticipated impact these decisions will have on cybersecurity and data protection regulatory efforts, enforcement, and policy making as well as approaches to cybersecurity compliance and risk management.

Two recent U.S. Supreme Court decisions, Loper Bright Enterprises v. Raimondo and Corner Post v. Board of Governors of the Federal Reserve System, are expected to have a significant impact on federal agency rulemaking, rule implementation, and legal challenges to federal rules. Attorneys assisting clients with cybersecurity and data protection matters must understand how these decisions may result in varied judicial interpretations of regulations that could impact their clients' compliance efforts and increase litigation risk.

Loper Bright overruled the Chevron doctrine, which required the courts to defer to an agency's interpretation of an ambiguous or unclear statute or rule as long as the agency’s interpretation was reasonable. Loper Bright has now put the task of interpreting statutory provisions back into the hands of federal courts.

Corner Post clarified the time within which a party may sue an agency for harm caused by an agency's final actions. The Court held that the six-year statute of limitations for filing a claim against an agency begins to accrue when the plaintiff is injured by an agency action as opposed to when the rule was published. Therefore, entities formed within the last six years may bring challenges to regulations that have stood for decades.

Listen as our expert panel guides practitioners through the recent Loper Bright and Corner Post decisions and discusses the impact on cybersecurity and data protection regulations and enforcement. The panel will also discuss the potential impact on clients' risk management, business, and compliance strategies.