Columns & Departments
Movers & Shakers
A Collection of Moves in the Cybersecurity and Privacy Practice Areas
Features
<b><i>Breaking News:</b></i> Microsoft Prevails on Appeal in Dodging Warrant for Foreign E-mails
Microsoft and other U.S.-based internet service providers won a major victory on July 14 at the U.S. Court of Appeals for the Second Circuit, which reversed a lower court in finding the company is not required to comply with a U.S. warrant for customer e-mails stored on a server in Dublin.
Features
Valuable Information Security Lessons from <i>Olympus Mortgage vs. Guaranteed Rate</i>
Earlier this year, a jury awarded Mount Olympus Mortgage Company (MOMC) more than $25 million for its claims against Guaranteed Rate, which alleged Guaranteed ' along with other former employees of MOMC ' illegally transferred hundreds of loan files from MOMC's internal systems to Guaranteed. The award is notable for showcasing how important it is for a company to maintain control of its data security, both from external threats and employees.
Features
European Data Protection Supervisor Suggests Path After Parliament Dismisses Privacy Shield Draft
On May 26, coming less than two months after the Article 29 Working Party rebuke of the Privacy Shield, the EU parliament voted 501 to 119 on a resolution calling for negotiations on the agreement to continue. Its criticisms of the text echoed that of the Working Party, namely the Privacy Shield's insufficiency in dealing with U.S. mass surveillance, protecting EU individual data rights and protections, and effectively enforcing its regulations.
Features
DC Circuit Upholds FCC Net Neutrality Rules
A federal appeals court in Washington on June 14 upheld expansive federal regulations that require broadband internet providers to treat Internet traffic equally regardless of its source.
Columns & Departments
<b><i>e-Discovery and Security</b></i> The Inevitable Reinvention of the e-Discovery Industry
The e-discovery industry is on the precipice of major change yet again, and this time it is all about security. What will distinguish the winners from the losers in the next few years will be an organization's ability to do one of three things: consolidate, innovate or reinvent.
Features
Preparing for New Crowdfunding Regulations
On May 16, Regulation Crowdfunding came into effect. Regulation Crowdfunding is applicable to crowdfunding offerings conducted in reliance on Section 4(a)(6) of the Securities Act of 1933, as amended.This article summarizes the practical terms of the crowdfunding rules.
Features
FCC's Proposed Rulemaking For Broadband Internet Access Providers
In 2015, the FCC issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs). Having taken on BIAS, the Commission needed to address the FCC's privacy and data protection regulatory scheme.
Features
Recent Uses of Software and the DMCA
One of the motivations for enacting the Digital Millennium Copyright Act (DMCA) was the acknowledgement by Congress of "the ease with which pirates could copy and distribute a copyrightable work in digital form was overwhelming the capacity of conventional copyright enforcement to find and enjoin unlawfully copied material." Among the provisions created to redress this rampant infringement were the prohibitions against: 1) removing copyright management information (CMI); and 2) circumventing technological measures in place to prevent infringement. Each is controversial.
Features
Measure to Manage: Understanding and Using Data to Affect Firm Change and Client Relationships
Organized and meaningful data has been leveraged in progressive organizations for years, but now that data and information is highly accessible and easily consumable via the ever-expanding digital mesh, enterprise-level expectations and related legal business impact have been elevated. With this new reality come many questions.
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- Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary SupportThe International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.Read More ›
- The Binding Effect of Plea Agreements In White Collar CrimesFederal plea agreements sometimes state explicitly that they are limited to that one office and do not bind other U.S. attorney's offices. In this article, we discuss the circuit courts' competing approaches to interpreting the binding effect of plea agreements and the Department of Justice policy.Read More ›
- Compliance and Third-Party Risk ManagementTo gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.Read More ›
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