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Electronic Data Breaches
In recent years, incidents involving the theft or inadvertent disclosure of significant amounts of electronic data containing personal information have been increasing and have frequently been heavily publicized. Often, a large, public data breach is followed by a flurry of litigation as individuals, banks, and other entities affected sue the company that suffered the breach for not protecting the compromised data more effectively. The company targeted by such claims will often look to its insurance program for coverage for the defense of such lawsuits and any resulting awards. While some companies carry specialty insurance policies that are specifically designed to afford coverage for data-breach-related liability, in many cases the breached company will lack such specialized coverage, and may look to tender the defense of data-breach-related litigation under its general liability policy.
The Rise of Electronic Data Breaches
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.