Features

User Behavior Analytics and Your Company's Data
While cybersecurity spending at many organizations still tends to focus on perimeter defenses, security experts have begun to face the reality that it is nearly impossible to keep bad actors out of your network, and are turning their attention to better ways of mitigating threats posed by intruders once they've hacked their way in.
Features

The GDPR
<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.
Features

<i><b>Online Extra</b></i><br> Are Law Departments Letting Law Firms Off the Hook When it Comes to Cybersecurity?
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.
Features

Liability Releases For Background Checks Are Unlawful
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.
Features

What You Need to Know to Get Started with Privacy Shield Certification
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.
Features

Blockchain: A Short Primer for Lawyers
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.
Features

New York State's Financial Services Cybersecurity Regulation
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.
Features

Is Your Law Firm Running 'Encryption Light?'
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.
Features

Cyber Spies: In-House Legal Fights Back Against Cyberespionage
<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.
Features

Chapter 13<br><b><i><font="-1">Best Practices in Credit Reporting</b></i></font>
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.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- A Lawyer's System for Active ReadingActive 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.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›