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10 Lessons from FTC Guidance on Data Security
“Not if, but when.” These simple words are enough to keep privacy officers, corporate counsel, compliance officers and IT managers up at night when faced with the reality that their network will at some point be breached. This is no surprise given the spate of corporate breaches and unauthorized network intrusions reported in recent years, as well as the costs, reputational harm and investigations and lawsuits that follow in their wake. While there are no silver bullets to stop breaches from occurring, understanding and following legal actions brought by regulatory agencies and heeding security guidance they issue can go a long way in preventing security lapses and unauthorized attacks.
There is no omnibus federal law that prescribes the level of security that companies must use to protect consumer information. Instead, Congress has identified certain categories of sensitive data that warrant regulation, such as health and financial information, and online information collected from children under 13, resulting in the Health Information Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLB Act), the Fair Credit Reporting Act (FRCA), and the Children's Online Privacy Protection Act (COPPA), respectively.
Each of the above laws (and their implementing regulations) to some extent dictate specific data security standards for companies that possess consumer information in these industries. But for the vast number of companies that do not fall within these categories, knowing what standards they are expected to employ to protect consumer information remains an elusive task. Notwithstanding this void, companies that fail to develop a comprehensive data security plan and implement at least some level of minimum security measures to protect consumer information remain vulnerable to attacks, lawsuits and regulatory investigations.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.