Features

Legislative Heat Wave: A Mid-Year Review of Upcoming Cybersecurity Laws and Enforcement Activity
While legislation to enhance data privacy rights and obligations continue to make headlines, regulators and legislators are also stepping up their cybersecurity expectations. In the first half of 2019, a number of states have updated their existing data breach notification laws and passed new cybersecurity requirements.
Features

How to Keep Mobile Data Safe: The Case for On-Device AI
Bring Your Own Device is one of the biggest compliance-related issues companies face today, and when it comes to security risks, law firms are prime targets. Considering law firms are built on their reputation, firms must make every assurance that the technology they use will protect their data.
Features

SHIELD Act Signed in NY
<b><i>Defines Data Breach and Requires Data Security Controls</b></i><p>New York has brought itself into line with a number of states concerning how they define a data breach, and, where applicable, what substantive security controls they require.
Features

EU Court Rules Adding Facebook 'Like' Button Triggers GDPR Data Collection Obligation
Websites with embedded Facebook “like” buttons must inform users their data will be collected and processed by the social media giant, the Court of Justice of the European Union has ruled.
Features

Legal Tech: Smart Speakers and E-Discovery
For businesses that own such a device, or for individual employees who might have a personally owned one on their office desk, the question of who owns any recorded data remains murky.
Features

How Changes In Texas Anti-SLAPP Statute Affects Entertainment Industry
Approximately 30 states have enacted anti-SLAPP statutes, which are intended to deter lawsuits that impede the right to free speech and other related activities. New statutory language in Texas's anti-SLAPP statute specifically protects those in the entertainment and media industries, and such explicit reference should prove comfort to content creators and publishers.
Features

The International Encryption Debate: Privacy Versus Big Brother
Although increased reliance on technology such as emails and texts has provided greater opportunity to gather evidence of criminal activity, law enforcement agencies around the world complain that encryption technologies make it difficult to catch criminals and terrorists and therefore should be restricted.
Features

Are Companies Playing It Too Safe With GDPR Breach Reporting?
A new report from the law firm of Pinsent Masons shows that there has been a high level of GDPR "over-reporting" at the U.K.'s Information Commissioner's Office, but organizations who may think they are playing it safe may actually be opening themselves up to further regulatory scrutiny.
Features

Clients Drive Information Governance: Payment Tied to Guideline Compliance
To comply with the data side of the Outside Counsel Guidelines, firms must have a clear information governance strategy for which the firm's use of technology systems is foundational.
Features

EU E-Commerce Proposal Aims to Eliminate Barriers; Calls for E-Signatures and Net Neutrality
The European Union has put forth an ambitious proposal for how countries can eliminate barriers to e-commerce and protect businesses and consumers engaged in online transactions. But parts of the proposal, published as part of a World Trade Organization initiative that includes the U.S. and China, are likely to face opposition.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
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