Why Emojis Matter in E-Discovery
Emojis are graphical icons or images used to express concepts, such as an idea or an emotion, that can be used in online communication. Technically they are encodings rendered into a graphic when...
View ArticlePatent or Trade Secret?
In recent years patent law has undergone drastic change, but trade secret law has also changed substantially. The enactment of the Defend Trade Secrets Act created the first-ever federal civil trade...
View ArticleProtection Before and After a Data Breach
With increased action by attorneys general and other regulators, as well as evolving case law, companies cannot afford to ignore the risk of litigation or regulatory action as a result of a data...
View ArticleStanding in Data Breach Cases
Many data breach and cybersecurity cases have faltered for failure to establish concrete harm necessary to support standing when personally identifiable information has been accessed but no actual harm...
View ArticleSelf-Certifying Under the EU-U.S. Privacy Shield
The European Union formally adopted the EU-U.S. Privacy Shield in July 2016, and by late September about 275 companies had active Privacy Shield certifications. The question for other companies is...
View ArticleOne Year After the Yates Memorandum
In September, 2015, the U.S. Department of Justice issued a policy directive dubbed the “Yates Memorandum,” in reference to its author, Deputy Attorney General Sally Quillian Yates. It declared that...
View ArticleConsumer Agency Rule Would End Class Action Waivers
In May, the Consumer Financial Protection Board announced a proposed rule prohibiting providers from using a pre-dispute arbitration agreement to block consumer class actions in court. The CFPB’s rule,...
View ArticleChanging Rules for Foreign Arbitral Awards
Counsel charged with prosecuting or defending against actions involving foreign arbitral awards should be aware of rapidly evolving rule changes that may define foreign arbitration recognition and...
View ArticleTwo Governance Studies Confirm Expanded Role for General Counsel
Within the space of less than one month in 2016, two important commentaries on corporate governance were released by two constituent groups. Both propose thoughtful suggestions on a wide variety of...
View ArticleInside/Outside Attorneys Often Not on the Same Page
The International Association of Defense Counsel recently released its 2016 Inside/Outside Counsel Relationship Survey. The survey found major differences in how inside and outside counsel perceive...
View ArticleGet Ready for More Cyber Litigation
The Great Recession of 2007-2009 caused a precipitous drop in litigation, and legal spend for litigation dropped as well. That is about to change, as parties discouraged by lack of government...
View ArticleFive Common Misconceptions About Cybesecurity
The first misconception is that a breach is inevitable and there is little in-house counsel can do to prevent it. Formidable firewalls and security measures may not stop a fanatically committed...
View ArticleThe FTC’s Strong Hand in Cyber-Privacy Cases
The authors briefly review the FTC’s enforcement authority against unfair or deceptive acts and practices, and examine pre-and post-settlement enforcement actions in the area of cyber-privacy. In...
View ArticleSpymail Risk Often Ignored
Approximately 10 percent of non-spam business emails are spymail – email containing hidden tracking code that relays details about the recipient’s interactions with the email back to the sender. These...
View ArticleThree Expert Lessons About Digital Threats
There is increasing need for organizations to strengthen security measures as part of their information governance plan. To do this, information security cannot be isolated within legal or information...
View ArticlePreparing the Expert Witness for Deposition
Most civil cases today involve the use of testifying experts to address both liability and damages issues. The presence of experts has become so pervasive that modern trials are now often viewed as a...
View ArticleThe Four “Cs” of Drafting an Effective Arbitration Clause
Arbitration is not suited for every contract, dispute, or business. However, a comprehensive and well-drafted arbitration clause will allow the parties to reap the benefits of arbitration, which are a...
View ArticleImplications of the SEC’s Universal Proxy Card Rules
In October 2016, the SEC proposed amendments to the federal proxy rules that would require universal proxies in connection with a contested election of directors. The proposal would require the use of...
View ArticleRegulatory Enforcement Post-Election
The Trump Administration will likely seek to scale back many forms of regulatory enforcement. However, President Trump campaigned on a law-and-order platform, and that makes it likely that prosecutors...
View ArticleSurvey: How Law Departments are Working Smarter
The 2016 HBR Consulting survey found that worldwide corporate law department spending increased a modest one percent from the prior year. Behind this seemingly minor change is a significant shift in...
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