This is Not Your Father's Cloud (Part Two)
July 01, 2018
<b><i>Part Two of a Two-Part Article</b></i><p>In Part One of this article last month, we began a discussion designed to demystify the hesitations behind cloud security and analyzed the fast-growing transformation to a range of newer technical approaches with important consequences for legal practice. This month we continue the discussion by tackling the security and legal implications of the mass transformation of enterprise IT to cloud services from leading providers such as AWS and Azure.
Balancing Fourth Amendment Expectations in the Electronic Era
July 01, 2018
As rapid technological changes in the 21st century continue to expand the types and volume of private electronic information, the Fourth Amendment's privacy protections are evolving. The critical question in Fourth Amendment cases is whether a person has a “reasonable expectation of privacy in the information or event.”
Cryptography's Legal Landscape
July 01, 2018
The same applications, and the same cryptographic protocols, don't function in the exact same ways when appearing in 'the same software' utilized in different control devices. What, if any, are the legal ramifications of differing delivery mechanisms for the same cryptographic functions that may or may not perform the same?
You're Fired!
July 01, 2018
<i><b>Dealing With a Job Loss</b></i><p>The chances are that many of us will either be terminated or laid off from at some point in our careers. It happens. How you deal with the loss of a job and get back on your feet as quickly as possible is what's important.
The DOJ's Latest Opioid Crime-Fighting Tool: The Civil False Claims Act
July 01, 2018
<b><i>The U.S. Department of Justice Is Now Using The False Claims Act — Traditionally a Civil Enforcement Tool — to Combat the United States' Sweeping Opioid Epidemic</b></i><p>The use of the FCA is part of a larger DOJ strategy to develop multi-faceted solutions for this public health emergency.
Fifth Circuit Affirms Shareholder Veto of Chapter 11 Petition
July 01, 2018
“Federal law does not prevent a bona fide shareholder from exercising its right to vote against a bankruptcy petition just because it is also an unsecured creditor,” held the U.S. Court of Appeals for the Fifth Circuit in <i>In re Franchise Services of North America, Inc.</i> According to the court, applicable Delaware law would not “nullify the shareholder's right to vote against the bankruptcy petition.”
Executive Benefits at Non-Profits after the Tax Cuts and Jobs Act
July 01, 2018
The Tax Cuts and Jobs Act made significant changes to certain Internal Revenue Code provisions dealing with highly compensated employees. Among these are restrictions (in the form of excise taxes) on compensation of certain highly paid employees of “applicable tax-exempt organizations.”
In-House Counsel's Growing Role in Data Protection and Security Risk Management
July 01, 2018
<b><I>Building an Intelligence-Led Program</b></i><p>With reports of major breaches surfacing with alarming frequency, boards and C-Level management are now looking to counsel to implement programs that help the corporation prepare for, quickly recover and reduce fallout from, inevitable cyber incidents. In-house counsel is facing growing responsibility to minimize damage to the corporate reputation, loss of key data, and legal and regulatory penalties. And many worry their organization is stuck in a game of catch-up.
Thinking Outside of the Big-Box: Understanding License Agreements
July 01, 2018
One critical component to the successful evolution of a shopping center is creating a stronger connection with community through attractions, events and promotions that bring a fresh vibrancy to the centers. These specialty relationships and other short-term relationships are generally memorialized in a license agreement rather than a traditional lease.
