Thought Leadership

Privacy Flash Five - May 2021

Client Updates

Our data privacy video series brings you five key developments each month. In this episode, Partner Cynthia Cole runs down what companies need to know in this ever-evolving area:

1. Supreme Court Hobbles FTC Enforcement

The Supreme Court recently curtailed the FTC’s longtime practice of seeking to recover ill-gotten gains from companies and individuals who mislead consumers, upending a central enforcement tool the agency has relied on for decades.

2. Executive Order to Shore Up Cybersecurity

President Biden recently signed the “Executive Order on Improving the Nation’s Cybersecurity,” which aims to modernize federal cybersecurity defenses and improve the government’s process of sharing cyber-related information with private entities.

3. No Secrets on the Internet

Both external and internal company communications attempting to keep information about a data breach confidential often have the opposite effect of unwanted publicity when such hush efforts invariably leak to the public. 

4. Take Notice of No Notice

The limitations of data breach notification laws are highlighted after news breaks that major leaks of publicly available information are not protected under current standards.

5. Ransomware Spreads Like Wildfire

Cybercriminals, in search of bounty, are increasingly targeting businesses, especially those in the industrial and manufacturing sectors, with ransomware, while holding critical infrastructure hostage.

Baker Botts recognizes that data-protection and privacy issues are a concern for all companies that gather, store, or process the sensitive or personal information of their customers, third parties or employees. Privacy regulations around the world change constantly and the growth in technology available to transfer, manipulate, process, and access data shows no sign of abating. Learn more about our Privacy and Data Security practice here.

Baker Botts is an international law firm whose lawyers practice throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit

Related Professionals