Rahul Mukhi

“DOJ Antitrust Creates Guidance for Evaluating Antitrust Compliance Programs,” Cleary Gottlieb Alert Memorandum, November 20, 2024 (co-author with Joseph M. Kay, Andres Felipe Saenz, Jeremy J. Calsyn, Heather S. Nyong’o)

“SEC Charges Four Companies with Misleading Cyber Disclosures,” Cleary Gottlieb Alert Memorandum, October 31, 2024 (co-author with Francesca L. Odell, Helena K. Grannis, Thomas A. Bednar, and Lillian Tsu)

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“DOJ Announces Revisions to Compliance Guidance Focused on AI, Whistleblower Reporting, and Other Areas,” Cleary Gottlieb Alert Memorandum, September 26, 2024 (co-author with David A. Last, Jonathan S. Kolodner, Lisa Vicens, and Andres Saenz) 

“SDNY Court Dismisses Several SEC Claims Against SolarWinds and its CISO,” Cleary Gottlieb Alert Memorandum, July 26, 2024 (co-author with Francesca L. Odell, Jonathan S. Kolodner, Michael John Kowiak, Matthew C. Solomon, and Thomas A. Bednar) 

“FTC Announces Reforms to the Health Breach Notification Rule,” Cleary Cybersecurity and Privacy Watch blog, May 16, 2024 (co-authored with Jennifer (Jenny) Kline) 

“U.S. Cybersecurity Agency Proposes Regulation to Require Cyber Incident Reporting,” Cleary Gottlieb Alert Memorandum, April 24, 2024 (co-author with Jonathan S. Kolodner and Michael John Kowiak) 

“Crossing a New Threshold for Material Cybersecurity Incident Reporting,” Selected Issues for Boards of Directors in 2024 (Republished by New York University School of Law’s Program on Corporate Compliance and Enforcement on January 25, 2024) 

“SDNY Announces Whistleblower Pilot Program For Individuals Who Self-Disclose Wrongdoing Involving Business Organizations,” Cleary Gottlieb Alert Memorandum, January 23, 2024 (co-author with Joon H. Kim, Victor L. Hou, Jonathan S. Kolodner, and Roberta Mayerle)

“New York Department of Financial Services Finalizes Amendments to Cybersecurity Regulation,” Cleary Cybersecurity and Privacy Watch blog. November 7, 2023 (co-authored with Melissa Faragasso, and Kimberly Everett) 

“FTC Finalizes Security Incident Reporting Amendments to GLBA Safeguards Rule,” Cleary Cybersecurity and Privacy Watch blog, November 2, 2023 (co-authored with Daniel Ilan and Melissa Faragasso) 

“DOJ New Safe Harbor Policy for Voluntary Self-Disclosures in M&A,” Cleary Gottlieb Alert Memorandum, October 13, 2023 (co-authored with Lisa Vicens, David Leinwand, Abena Mainoo, David A. Last, Samuel Chang, and Cristina Mendez) 

“DOJ Announces Additional Guidance on Voluntary Self-Disclosure in M&A Context,” Cleary Enforcement Watch blog, October 2, 2023 (co-authored with Lisa Vicens, Jon Kolodner, David A. Last, Andres Felipe Saenz, and Cristina Mendez) 

“Broad Definition of Sensitive Data and Concern for Children’s and Teenagers’ Data in Delaware Privacy Law Reflect Recent Trends in Evolving Data Protection Landscape,” Cleary Cybersecurity and Privacy blog, September 25, 2023 (co-authored with Daniel Ilan, Melissa Faragasso, and Amy Garland)

“Best Practices for Crisis Management Preparation,” Westlaw Today, June 13, 2023 (co-authored with Jennifer Kennedy Park and Abbey Doyno)

“Recent Developments In Data Privacy Enforcement In Brazil And A Comparison With The U.S. Regime,” Cleary Cybersecurity and Privacy blog, June 6, 2023 (co-authored with Jon Kolodner, Pedro Martini, and Roberta Mayerle)

“Five Key Steps for Initial Crisis Management,” Bloomberg Law, May 26, 2023 (co-authored with Jennifer Kennedy Park and Abbey Doyno)

“U.S. Supreme Court Holds FSIA Does Not Immunize Foreign Sovereigns From Criminal Prosecution” (co-authored with Carmine D. Boccuzzi, Joon H. Kim, Lisa Vicens, Boaz S. Morag, Katie Gonzalez, Rebecca Deanne Rubin, Nowell D. Bamberger, Washington, D.C., Chase D. Kaniecki, and Rathna Ramamurthi) Cleary Gottlieb Alert Memorandum (April 2023)

“SEC Charges Public Company For Alleged Misleading Disclosures Surrounding Ransomware Attack,” Cleary Cybersecurity and Privacy Watch blog, March 16, 2023 (co-authored with Jonathan S. Kolodner, Lilianna Rembar and Jackie M. Brune)

“U.S. Senate Fast Tracks Major Cybersecurity Legislation in Response to Russia Threat,” Cleary Cybersecurity and Privacy Watch blog, March 3, 2022 (co-authored with Jonathan S. Kolodner and Anthony Shults) 

“SEC Chair Previews Ramp Up in Regulation and Enforcement in the Cybersecurity Context,” Cleary Cybersecurity and Privacy Watch blog, February 8, 2022 (co-authored with Anthony M. Shults and Hyatt Mustefa)

“2021 Cybersecurity and Privacy Developments in the United States,” Cleary Gottlieb Alert Memorandum, January 27, 2021 (co-authored with Jonathan S. Kolodner, Daniel Ilan, Anthony M. Shults, Aaron Francis, Hyatt Mustefa, Lilianna (Anna) Rembar, Melissa Faragasso) 

“Data Breach Class Action Against Bonobos Dismissed For Lack of Standing,” Cleary Cybersecurity and Privacy Watch, January 25, 2021 (co-authored with Anthony M. Shults)

“2021 Developments in Securities and M&A Litigation,” Cleary Gottlieb Alert Memorandum, January 18, 2022 (co-authored with Joon H. Kim, Matthew C. Solomon, Victor L. Hou, Roger A. Cooper, Lisa Vicens, Jared Gerber, Rishi N. Zutshi, Nowell D. Bamberger, Abena Mainoo, Lina Bensman, Mark E. McDonald, Alexander Janghorbani, Anthony M. Shults, Avion A. Tai and Chelsea Hanlock)

“The Office of the Comptroller of the Currency Warns of Increasingly Complex Cyber Risks for Banks,” Cleary Cybersecurity and Privacy Watch, December 8, 2021 (co-authored with Jon Kolodner & Anthony M. Shults); republished by The Banking Law Journal, March 2022

“Banking Regulators Approve Final Rule Establishing Cyber Incident Notification Requirements,” Cleary Cybersecurity and Privacy Watch, December 2021 (co-authored with Anthony M. Shults and Julie-Irene Nkodo); republished by The Banking Law Journal, March 2022

“Second Circuit Rules Foreign State-Owned Bank Does Not Have Sovereign Immunity From Criminal Prosecution,” Cleary Gottlieb Alert Memorandum, November 23, 2021 (co-authored with Carmine D. Boccuzzi Jr., Jonathan S. Kolodner, Boaz S. Morag, Rathna Ramamurthi, Hyatt Mustefa, Matthew D. Slater)

“SEC Enforcement Action Against Poloniex Signals Heightened Scrutiny for Crypto Exchanges,” Cleary Cybersecurity and Privacy Watch, August 2021(co-authored with Lisa Vicens, Jonathan S. Kolodner, & Megan Lindgren) 

“DOJ Indicts Founder of Nikola for Allegedly Defrauding Retail SPAC Investors,” Cleary Enforcement Watch blog, July 30, 2021 (co-authored with Jon Kolodner, Jared Gerber and JD Colavecchio) 

“SEC Brings SPAC Enforcement Action and Signals More to Come,” Cleary Enforcement Watch blog, July 16, 2021 (co-authored with Adam Brenneman, Nick Grabar, Jared Gerber, JD Colavecchio and Julian Cardona)

“Second Circuit Articulates Injury Standard in Data Breach Suit,” Cleary Cybersecurity and Privacy Watch blog, May 3, 2021 (co-authored with JD Colavecchio) 

“FTC to Corporate Boards: Mind Your Data Security,” Cleary Cybersecurity and Privacy Watch blog, April 30, 2021 (co-authored with Alexis Collins and Adam Motiwala) 

“Acting Director of SEC’s Corp Fin Issues Statement on Disclosure Risks Arising from De-SPAC Transactions,” Harvard Law School Forum on Corporate Governance, April 22, 2021

“The ‘New‘ Dominion of Privacy Law: Virginia Becomes Second State to Pass Comprehensive Consumer Data Privacy Act,” Cleary Gottlieb Alert Memorandum, April 14, 2021 (co-authored with Daniel Ilan and Megan Medeiros)

“DOJ Concedes Error in Title 18 Insider Trading Convictions After Supreme Court’s ‘Bridgegate’ Decision,” Cleary Enforcement Watch blog, April 13, 2021 (co-authored with David E. Brodsky, Shannon Daugherty, and Victoriya Levina)

“D.C. District Court Rejects Privilege Claim for Post-Data Breach Forensic Report,” Cleary Cybersecurity and Privacy Watch blog, February 15, 2021 (co-authored Alexis Collins, Jonathan S. Kolodner and Claire Santiago)

“Representing Corporations in United States Attorney’s Office and DOJ Investigations,” Defending Corporations and Individuals in Government Investigations, Thomson Reuters, 5th Edition 2020, (co-authored with Lev L. Dassin and Jonathan S. Kolodner) 

“Second Circuit to Reconsider the Scope of Insider Trading Prosecutions Under Federal Fraud Statutes After Supreme Court’s Bridgegate Decision,’” Cleary Enforcement Watch blog, January 29, 2021 (co-authored with David E. Brodsky, Shannon Daugherty, Victoriya Levina, and Farah Mokhtar) 

“The Central District Court of California Grants Marriott International’s Motion to Dismiss in Data Breach Suit,” Cleary Cybersecurity and Privacy Watch blog, January 27, 2021 (co-authored with Nicholas Evert)

“2020 Cybersecurity and Privacy Developments A Year in Review,” Cleary Gottlieb Alert Memorandum, January 25, 2021 (co-authored with Katherine Mooney Carroll, Alexis Collins, Daniel Ilan, Jonathan S. Kolodner, Daniel Montgomery, Natalie Farmer, Emmanuel Ronco)

“Cybersecurity: Another Year of Intrusions and Regulation Punctuated by a Pandemic,” Selected Issues for Boards of Directors in 2021, January 11, 2021 (co-authored with Daniel Montgomery) 

“New York Lawmakers Introduce Biometric Privacy Bill with Private Right of Action,” Cleary Cybersecurity and Privacy Watch blog, January 21, 2021 (co-authored with Nicholas Evert) 

“SDNY District Court Rules Foreign Sovereigns Are Not Immune From Criminal Jurisdiction In U.S. Court,” Cleary Gottlieb Alert Memorandum, October 9, 2020  (co-authored with Matthew D. Slater, Carmine D. Boccuzzi Jr., Jonathan S. Kolodner, Boaz S. Morag, Rathna Ramamurthi, and Hyatt Mustefa) 

“Recent Decision Confirms Directors’ Right to Access Privileged Communications Between Management and Company Counsel,” Cleary M&A and Corporate Governance Watch blog, August 26, 2020, (co-authored with Christopher Austin, James Langston, Mark McDonald & Elizabeth Carlson); republished by Harvard Law School Forum on Corporate Governance and Financial Regulation, September 12, 2020 

“The Seventh Circuit Holds That Lack of Disclosure and Informed Consent Under Biometric Information Privacy Act Satisfies Article III Standing Requirement,” Cleary Cybersecurity and Privacy Watch blog, May, 12, 2020, (co-authored with Jon Kolodner, Alexis Collins, and Adam Motiwala)

“Supreme Court Puts the Brakes on the “Bridgegate” Scandal and Affirms That Property Must Be the Object of Federal Fraud Schemes,” (co-authored with David Brodsky, Matthew Solomon, and Victoriya Levina), Cleary Gottlieb Alert Memorandum, May 11, 2020; republished by Law360, May 12, 2020

“Buyer Beware! Claims Disabilities Travel with Transfers,” Cleary Gottlieb Alert Memorandum, April 29, 2020  (co-authored with Sean A. O’Neal, Lisa M. Schweitzer, Luke A. Barefoot, Jane VanLare, Kara A. Hailey, Ryan Yeh, Thomas Lynch)

“CISA Alert: North Korean Cyber Threat Poses Increased Risk for Financial Institutions,” Cleary Cybersecurity and Privacy Watch blog, April 22, 2020 (co-authored with Joon H. Kim, Katherine Mooney Carroll, Jonathan S. Kolodner, and Nicholas A. LaPalme)

“FINRA Releases Notice On Cybersecurity Measures In light of COVID-19 Pandemic,” Cleary Cybersecurity and Privacy Watch blog, March 27, 2020 (co-authored with Katherine Mooney Carroll, Jonathan S. Kolodner, Alexis Collins, and Adam Motiwala)

“Insider Trading Risk During the COVID-19 Outbreak,” Cleary Gottlieb Alert Memorandum, March 27, 2020 (co-authored with Jonathan S. Kolodner, Joon H. Kim, Francesca L. Odell, and Shannon Daugherty); republished on the Harvard Law School Forum on Corporate Governance, April 14, 2020.

“Managing Cyber Risk During COVID-19 Response,” Cleary Cybersecurity and Privacy Watch blog, March 16, 2020 (co-authored with Katherine Mooney Carroll and Jonathan S. Kolodner)

“California AG Proposes Second Round of Modifications to CCPA Regulations,” Cleary Gottlieb Alert Memorandum, March 16, 2020 (co-authored with Katherine Mooney Carroll, Alexis Collins, Daniel Ilan, Jonathan S. Kolodner, Michelle Butler and Jane C. Rosen)

“California AG Proposes Modified CCPA Regulations,” Cleary Gottlieb Alert Memorandum, February 12, 2020 (co-authored with Katherine Mooney Carroll, Alexis Collins, Daniel Ilan, Jonathan S. Kolodner, Michelle Butler and Jane C. Rosen)

“2019 Cybersecurity Developments: A Year in Review,” Cleary Gottlieb Alert Memorandum, January 31, 2020 (co-authored with Daniel Ilan, Jonathan S. Kolodner, James Norris-Jones, Emmanuel Ronco, Katherine Mooney Carroll and Alexis Collins)

“United Kingdom and United States Governments Sign First-Ever CLOUD Act Agreement,”  (co-authored with Jonathan S. Kolodner, Nowell Bamberger, Alexis Collins, and Kal Blassberger), Cleary Cybersecurity and Privacy Watch blog, October 16, 2019; republished by the Privacy & Cybersecurity Law Report, January 3, 2020

“Delaware Chancery Court Opinion Raises New Considerations for Special Litigation Committees,” Cleary Gottlieb Alert Memo (December 13, 2019) co-authored with Jared Gerber, Roger Cooper, Victor Hou, Rishi Zutshi, and Mark McDonald; republished by the Harvard Law School Forum on Corporate Governance and Financial Regulation, December 29, 2019

“California Consumer Privacy Act Amendments Offer Relief, but Challenges Remain,” (co-author with Katherine Mooney Carroll, Jonathan S. Kolodner, Daniel Ilan, Alexis Collins, Jane C. Rosen, and Whitney Alexandra Lee), Cleary Gottlieb Alert Memo, September 24, 2019.

“UK Serious Fraud Office Publishes Corporate Co-Operation Guidance,” (co-author with Sunil Gadhia, James Brady, Frances Carpenter, Tim Vogel, Lev L. Dassin, Christina Karam, and Adrienne Dahrouge), Cleary Gottlieb Alert Memo, September 24, 2019.

“July 2019 Privacy and Cybersecurity Enforcement: Lessons for Management and Directors,” Cleary Cybersecurity and Privacy Watch blog, August 5, 2019 (co-authored with Jonathan S. Kolodner, Pamela L. Marcogliese, Alexis Collins, and Anne Titus Hilby); republished by Law360, August 7, 2019

“H.R. 2534: Insider Trading Prohibition Act – Congress Considers Enacting Changes to Insider Trading Law Under Section 10(b),” Harvard Law School Forum on Corporate Governance and Financial Regulation, July 26, 2019, (co-authored with Shannon Daugherty and Destiny Dike)

“Recent Cyber Security and Data Privacy Developments,” Financier Worldwide, July 2019, (co-authored with Jonathan S. Kolodner and Katherine Mooney Carroll)

“2018 Cybersecurity and Data Privacy Developments: A Year in Review,” January 29, 2019 (co-authored with Daniel Ilan, Jonathan S. Kolodner, Pamela L. Marcogliese, Katherine Mooney Carroll, Alexis Collins, and Emmanuel Ronco) republished February 6, 2019, by The Columbia Law School Blue Sky Blog

“Second Circuit Denies Gupta Appeal of Insider Trading Conviction—Continuing to Give Broad Meaning to “Personal Benefit” Requirement,” Cleary Enforcement Watch blog, (co-authored with Joon H. Kim, Alexander Janghorbani, Shannon Daugherty, and Destiny Dike) republished January 17, 2019 by New York University School of Law Compliance & Enforcement Blog

“U.S. Criminal Prosecution Based on Panama Papers Hack Raises Novel Legal Issues,” Cleary Gottlieb Alert Memo (January 2019); republished by The Columbia Law School Blue Sky Blog (January 2019)

“California District Court Dismisses Securities Class Action After Plaintiffs Failed to Plead that PayPal Knew Magnitude of Security Breach,” (co-authored with Roger A. Cooper, Alexis Collins and Miranda Gonzalez)  

“DC Circ. Rules On Sovereign Immunity In Mueller Case,” Law360, January 2, 2019 (co-authored with Carmine Boccuzzi, Joon Kim, Jonathan Kolodner and Rathna Ramamurthi) 

“Ohio District Court: No Standing Where Patients’ Medical Records “Might” Be Accessed Improperly Due To A Cybersecurity Vulnerability,” (co-authored with Anne Titus Hilby)

“Lessons Learned from the CBS-NAI Dispute: Rights of Board Members to Access Privileged Communications with Company Counsel,” (co-authored with Victor L. Hou and Jessica Thompson)

“The SEC and State AGs Announce Settlements With VFA and Uber Over Data Breaches,” (co-authored with Soo Jee Lee)

“DOJ Announces New Inter-Agency Task Force on Market Integrity and Consumer Fraud,” (co-authored with Jonathan S. Kolodner and Erin C. Gallagher)

“California’s Groundbreaking Privacy Law: The New Front Line in the U.S. Privacy Debate,” (co-authored with Michael H. Krimminger, Katherine Mooney Carroll, Pamela L. Marcogliese, Daniel Ilan, Jonathan S. Kolodner, Alexis Collins, Gareth Kristensen, Jane C. Rosen, Martha E. Vega-Gonzalez, and Anne Titus Hilby) 

“Supreme Court Holds Mandatory Federal Restitution Statute Does Not Cover Certain Professional Costs Incurred by Corporate Victims,” (co-authored with Joon H. Kim, Rusty Feldman and Samantha Del Duca)

“GDPR Compliance: Tips for What Comes After May 25,” (co-authored with Emmanuel Ronco, Anne Titus Hilby, Tanner Mathison and Adam Motiwala)

“Yahoo’s Successor Settles First-Ever Case Involving SEC Charges for Failing to Disclose a Cybersecurity Incident,” (co-authored with Matt Solomon, Pam Marcogliese and Kal Blassberger) 

“U.S. Supreme Court Weighs Mandatory Restitution for Corporate Victims’ Professional Costs,” (co-authored with Joon H. Kim, Rusty Feldman and Samantha Del Duca); republished by the New York University School of Law Compliance & Enforcement Blog 

“State Attorneys General Warn Against Federal Data Breach Bill,” (co-authored with Kal Blassberger)  

“The SEC Cyber Unit’s First 6 Months, and What’s Ahead,” (co-authored with Jonathan Kolodner, Matthew Solomon, and Anne Titus Hilby) 

“Department of Justice Indicts Iranian Hackers, Revealing Significant Data Breach and Targeting of Intellectual Property of Private Companies and Educational Institutions,” (co-authored with Alexis Collins and Tanner Mathison) 

“FBI Director: FBI Might Not Share Information With Adversarial Authoritie,” (co-authored with Jonathan S. Kolodner and Joseph M. Kay) 

“DOJ And SEC Charge Former Equifax Executive With Insider Trading,” (co-authored with Alexis Collins and Kal Blassberger) 

“Ninth Circuit Reverses Dismissal For Lack of Standing in Data Breach Case,” (co-authored with Alanna B. Newman)

“Pennsylvania Attorney General Sues Uber Over Data Breach,” (co-authored with Kal Blassberger)

 “Cybersecurity Key Operational Risk in OCC’s Semiannual Risk Perspective Report,” (co-authored with Britta Redwood)

“Recent Enforcement Actions by Regulators Show Continued Focus on Cybersecurity and Data Protection Issues,” (co-authored with Jonathan S. Kolodner and Richard Cipolla)

“Yahoo! Enters Proposed Settlement in Data Breach Securities Class Action,” (co-authored with Roger A. Cooper and Kal Blassberger)

“Supreme Court Declines to Review Standing in the Data Breach Context Despite Ongoing Circuit Split,” (co-authored Tanner Mathison) 

“Data Privacy Class Action Against Facebook Survives Motion To Dismiss,” (co-authored with Gregory N. Wolfe)

 “Cleary Discusses SEC’s Freeze of Allegedly Fraudulent “Decentralized Bank” ICO,” (co-authored with James Michael Blakemore)

“New Rules for Searching Electronic Devices at the U.S. Border,” (co-authored with Britta Redwood)

“Cleary Discusses Cybersecurity and Data Privacy Developments:  A Look Back on 2017 and Ahead to 2018,” (co-authored with Jonathan S. Kolodner and Daniel Ilan)

“US China Business Council Lays Out Recommendations to Improve China’s Cybersecurity Regulations,” (co-authored with Zheng (Jonathan) Zhou) 

“How The Cybersecurity Legal Landscape Changed In 2017,” Law360, January 19, 2018 (co-authored with Jonathan S. Kolodner and Daniel Ilan) 

“Illinois Appellate Court Holds That Mere Technical Violations Of Data Privacy Statute Are Insufficient To State A Claim,” (co-authored with Jonathan S. Kolodner and Gregory N. Wolfe) 

“2018 Brings Continued Calls for a Federal Data Protection and Breach Statute,” (co-authored with Britta Redwood) 

“Second Circuit Issues Order Affirming Dismissal of Data Privacy Class Action Suit,” (co-authored with Jonathan S. Kolodner and Richard Cipolla) 

“Massachusetts Attorney General Settles For Data Breach Over Stolen Laptop—Sign of Increased Enforcement Scrutiny?,” (co-authored with Jonathan S. Kolodner and Richard Cipolla) 

“The SEC Warns That Celebrity Endorsements of Virtual Currency May Violate Federal Securities Laws,” (co-authored with Jonathan S. Kolodner) 

“SEC Chairman Offers Views on Initial Coin Offerings,” (co-authored with James Michael Blakemore)  

“Newly Created SEC Cyber Unit Takes First Action Against Allegedly Fraudulent ICO,” (co-authored with James Michael Blakemore) 

“With Equifax Looming, Split on Standing in Data Breach Cases Grows With Recent Decisions,” Pratt’s Privacy & Cybersecurity Law Report, (co-authored with Jonathan Kolodner and Tanner Mathison) 

“In Wake of the Equifax Breach, New York’s Attorney General Proposes New, Stricter Data Privacy Law” (co-authored with Jonathan S. Kolodner and Richard Cipolla) 

“Tickets To Roberts Court: Good For This Day And Train Only?,” Law360, July 31, 2017 (co-authored with David Felton)

 Recent Developments Highlight Measures To Mitigate Litigation and Regulatory Exposure From Cyber-Attacks, June 22, 2017 (co-authored with Jonathan S. Kolodner and Daniel Ilan) 

“Ethics of Using Hacked Information to Prosecute Criminal and Civil Claims,” New York Law Journal, January 4, 2017 (co-authored with Martha Vega-Gonzalez)

“Leveraging ’McDonnell’ in Defending FCPA Enforcement Actions,” New York Law Journal, October 28, 2016 (co-authored with David Felton)