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<b><i>Considerations for Corporate Counsel and Discovery Teams</b></i><p>With the EU's General Data Protection Regulation (GDPR) set to take effect in May 2018, the serious implications for corporate legal counsel and e-discovery teams are difficult to deny.
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It is time for a reality check on cybersecurity. Our research has focused on the threat that data breaches present to law firms and law departments independently, but the interplay between cybersecurity at law firms and law departments is increasingly impossible to ignore.
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The federal Fair Credit Reporting Act (FCRA) requires employers to first inform applicants and employees about the intent to obtain and use a background check. But the FCRA does not provide employers with a template disclosure or any concrete guidance on what the disclosure should say. Rather, the law simply forbids employers from including anything beyond "solely the disclosure" and authorization in the form used to inform individuals about the employer's intent to obtain a background check.
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If your company maintains operations in the European Union or is U.S. based but obtaining personal data from European citizens, you will need to strongly consider obtaining certification under the new Privacy Shield framework. Certification began in August 2016, and will make compliance with EU privacy laws when transferring data to the U.S. possible for the immediate future.
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This article familiarizes lawyers with cryptocurrency and, particularly, the enabling blockchain technology, methodologies and systems. It also introduces lawyers to blockchain's current and future uses and points to other resources to learn more about this profoundly disruptive and promising collection of technological advancements.
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The Regulation was designed to promote the protection of customer information as well as the underlying information technology systems of regulated entities in light of the ever-increasing threat of cyber attacks.
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With so many warnings to lawyers about transmitting unsecured email and attachments, it can be difficult to understand the solutions available and how they differ. Some may improve security but make communications cumbersome. If too cumbersome, users seek a way to work around them or choose less powerful tools.
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<b><i>An Exploration of the Modern Cyberespionage Threat and How In-House Legal Departments Are Fighting Back</b></i><p>Though faced with limited legal remedies, counsel are coming up with creative new ways to go after cyberespionage actors, and partnering with an array of cyber professionals and government agencies to combat the threat.
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There is a new trend emerging in FCRA litigation involving Chapter 13 bankruptcy, under which debtors propose a repayment plan to make installment payments to creditors over three to five years. Increasingly, plaintiffs are filing suit based on certain credit-reporting actions taken (or not taken) during a pending Chapter 13 bankruptcy case, after plan confirmation but prior to the entry of the discharge — when a debtor has met all requirements set by the court.
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<b><i>The SCOTUS Nominee's Opinions Don't Appear to Favor Alleged Intellectual Property Infringers or Owners</b></i><br>Over the 10 years that he has served on the U.S. Court of Appeals for the Tenth Circuit, Gorsuch's decisions in intellectual property disputes have reflected a close attention to statutory text and a preference for narrow results that hew closely to precedent.