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Preparing Companies for Impending Data Privacy, Cybersecurity Changes
When I entered the data privacy and cybersecurity law space over a decade ago, it was certainly difficult to predict the myriad ways data would be collected, used and stored today. In that time, social media has exploded, devices are even more portable, appliances have gotten "smart" and technology users have gotten younger.
As so often happens, technology was and continues to be light-years ahead of the law, and businesses are increasingly facing new regulations that attempt to shut Pandora's box. Data privacy is one of the most rapidly changing areas of law as regulators and lawmakers are often playing catch-up to groundbreaking technologies that have transformed society in irreversible ways. This process has brought significant implications for businesses and corporate legal departments of all shapes and sizes, which must now retroactively incorporate various data privacy and cybersecurity considerations into their existing structures.
Staying on top of the ever-evolving legal landscape of data privacy and cybersecurity is a full-time job — our team's job, in fact. The complex intermix of state, federal and international laws; the varying and phased effective dates of those laws; and the litany of false starts for various bills in states and the United States Congress make staying on top of the latest requirements particularly challenging for businesses.
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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.