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Recent Challenges To the FTC's Data Regulation Authority
The year 2014 has been described as the “Year of the Breach.” (See the January 2015 Ponemon Institute study titled “2014: A Year of Mega Breaches.” It started out with fallout from the Target breach, which occurred at the end of 2013 and carried over into 2014, affecting 40 million debit and credit cards. This “Point of Sale” attack spread to other retailers such as P.F. Chang's, Neiman-Marcus, Michael's, and Home Depot as the result of malware called “Black POS” allegedly distributed by a couple of teenagers in Russia. See, “Home Depot Hit By Same Malware as Target,” Krebs On Security.
Hacking attacks perpetrated on several financial institutions followed during the summer and fall of last year, along with the largest health care breach of the year occurring in August. See, “Hackers' Attack Cracked 10 Financial Firms in Major Assault,” NY Times Dealbook; “The Big Data Breaches of 2014,” Forbes.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.