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Heightened Cybersecurity Concerns Impact IP Strategies
Recent widely reported cybersecurity breaches have further heightened awareness of the issue, which is of significantly increasing concern both to businesses and government. Government regulators, like the U.S. Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC) have pressed for greater cybersecurity efforts ' with the latter's authority in this area being recently upheld by the U.S. Court of Appeals for the Third Circuit in FTC v. Wyndham Worldwide, — F.3d —, No. 14-3514 (3d Cir. 2015).
Much of the expert advice on how to analyze and bolster cybersecurity suggests major involvement of the business' management, and overlaps with assessment of the business' intellectual property positions and strategies. Such overlaps suggest that significant synergy and efficiencies can be achieved if cybersecurity and intellectual property efforts are coordinated. As cybersecurity becomes an increasing concern for many companies, increased involvement of IP counsel in strategy determinations becomes not only appropriate, but will likely be demanded by their clients. This article examines commonalities and differences between both types of efforts and how counsel can work together with the business' cybersecurity team to service a client.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.