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Recent widely reported cybersecurity breaches have further heightened awareness of the issue, which is of significantly increasing concern both to businesses and government. Government regulators, like the U.S. Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC) have pressed for greater cybersecurity efforts ' with the latter's authority in this area being recently upheld by the U.S. Court of Appeals for the Third Circuit in FTC v. Wyndham Worldwide, — F.3d —, No. 14-3514 (3d Cir. 2015).
Much of the expert advice on how to analyze and bolster cybersecurity suggests major involvement of the business' management, and overlaps with assessment of the business' intellectual property positions and strategies. Such overlaps suggest that significant synergy and efficiencies can be achieved if cybersecurity and intellectual property efforts are coordinated. As cybersecurity becomes an increasing concern for many companies, increased involvement of IP counsel in strategy determinations becomes not only appropriate, but will likely be demanded by their clients. This article examines commonalities and differences between both types of efforts and how counsel can work together with the business' cybersecurity team to service a client.
Concerns and Strategies
Chief information officers still bear the brunt of cybersecurity worries at many companies. But a study by the Association of Corporate Counsel Foundation finds that chief legal officers are increasingly taking a leadership role in cybersecurity strategy.
General counsel are eager to tap the promise of generative AI. But without clear technology road maps, many legal departments are struggling to turn that interest into action.
Part Two of this two-part articleexamines practical steps marketers must take to succeed in this changing landscape by embracing a multichannel, AI-driven approach to their marketing and PR efforts. This means rethinking your strategy to build direct connections with your audience, using platforms that elevate your visibility and focusing on storytelling that resonates.
When the SEC issues the next annual enforcement report for fiscal year 2025, we expect securities offering actions and investment adviser actions will almost certainly be up, and the “crypto” and “cyber” cases will almost certainly be down. Public statements by the new SEC administration have said as much, but even more telling than public statements are the allocation of limited enforcement resources.
The VPPA may be nearly four-decades old and video-rental stores largely a thing of the past, but the rise of online content, streaming services and ancillary activities has brought with it frequent litigation based on the VPPA. The key challenge in these litigations is how to interpret the VPPA’s 1980s terms in light of today’s digital advances.