Information Governance: Law Firms' Cybersecurity Weak Spot
April 02, 2017
Perimeter security is only one part of a comprehensive legal data security strategy and by itself leaves open a weak spot — attackers who, using phishing or other methods, are able to bypass strong perimeter security systems, and once inside find themselves able to access a firm's emails, documents and other work product.
Survey Reflects Growth in How Corporations Manage and Protect Information
April 02, 2017
Many organizations are changing their approach to leveraging cybersecurity intelligence through enhanced cooperation, detailed information sharing, and broad-based collaboration. To characterize those shifts and offer perspectives that empower effective benchmarking, for the third consecutive year, Nuix engaged my firm to interview corporate security officials. The report reflects the perspectives of 29 cybersecurity executives across a range of industries.
Institutional Deliberate Indifference
April 02, 2017
<b><i>When a Prisoner's Health Care Is Botched, the Providers' Employer May Be on the Hook</b></i><p>Prisoner Eighth Amendment allegations of cruel and unusual punishment due to deliberate indifference to their medical needs are common; most of them go nowhere. Once in a while, though, the care provided to a prisoner is so substandard that the case actually hurdles the defendants' motion for summary judgment and makes it to trial.
David Boies' Film Venture Sues over <i>Jane</i> Financing
April 02, 2017
The Boies/Schiller Film Group (BSFG), a film finance venture founded by renowned litigator David Boies and Zachary Schiller, has filed suit against investor Peter Nathaniel and his Boca Raton, FL-based investment fund Impala Partners LLC, accusing Nathaniel and Impala of misrepresentations that resulted in BSFG losing millions in its production of <i>Jane Got a Gun</i>, a 2016 film starring Natalie Portman that received middling reviews and underwhelmed at the box office.
Senate Votes to Repeal FCC Internet Privacy Rules
April 02, 2017
The FCC's move to stop Internet service providers from collecting customers' personal information without consent has itself been halted. The Senate voted 50-48 on March 24 to overturn the rules, with the House expected to follow suit.
Quarterly State Compliance Review
April 02, 2017
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that recently went into effect, and looks at some recent decisions of interest from courts in Delaware, New York, and California.
Professional Fees May Not Be Capped by Standard Carve-Out Provisions
April 02, 2017
Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.
Do <i>Daubert</i> Motions Really Work?
April 02, 2017
<b><i>Part One of a Three-Part Article</b></i><p>Among the concerns commonly expressed by the trial bar is the perception that so-called Daubert motions are a long shot at best, often not worth the time and effort. Two recent studies shed new light on these attitudes.