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Data Privacy Reviews: The Cornerstone of a Data Breach Response
On May 25, 2018, General Data Protection Regulation 2016/679 went into effect in the EU. Better known as the GDPR, EUGDPR.org calls it the "most important change in data privacy regulation in 20 years." Unlike a number of previous data privacy regimes, the GDPR came with a sharp set of teeth, calling for a fine of up to €20 million or 4% of the previous year's global turnover, whichever is greater. Companies were now on notice that they had to be extremely careful in how they responded to a data breach or face the consequences.
In addition to the GDPR in the EU, there are several pieces of legislation in the U.S. that seek to protect personally identifiable information (PII). These include: the Fair Credit Reporting Act of 1970, which addressed consumer information in the files of consumer credit reporting agencies; the Health Insurance Portability and Accountability Act of 1996, which contained provisions meant to safeguard a particular type of PII — personal health information (PHI); and the Gramm-Leach-Bliley Act (also known as the Financial Services Modernization Act of 1999), which seeks to control the ways financial institutions control private information of their clients.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.