Features

<i>CYBER-ETHICS:</i> Technological Competence Obligations and the Interplay of the ABA Model Rules and Attorney Cybersecurity
The ABA has long published its Model Rules of Professional Conduct and modifies them from time-to-time to stay current with legal and technological developments and advances. While these Model Rules are not officially binding on attorneys, they have been adopted in large part by nearly every stateand provide a guideline for attorneys across the country regarding standards of professional responsibility and ethical conduct.
Features

Jeter Endorsement Dispute Examines Role As a Director of Apparel Company
Contracts between a corporation and a corporate director can give rise to certain difficulties in managing expectations of the director's obligations and responsibilities. Such contracts may create obligations that extend beyond those fiduciary duties inherent to the director position. This extension of the director's role may increase the risk of a conflict between a director's contractual obligations and his fiduciary duties.
Features

Beats Headphones Royalty Dispute Saga Heads to Trial
Former hedge fund manager Steven Lamar, who helped launch Dr. Dre's Beats headphones a decade ago, won the right to go to trial against the rap artist and record producer after the California Court of Appeal revived his $100 million case over unpaid royalties.
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WB's Takedown Notices Aimed at Entertainment Co.'s Own Websites
Critics of the DMCA got some ammunition recently, when Warner Bros. asked Google to take down hundreds of copyright-infringing websites ' only to later realize that it had included legitimate sites and some of the entertainment company's own official pages. The blunder dredges up questions about whether the current notice-and-takedown system is working for both copyright owners and service providers.
Features

Supreme Court Term Promises to Be IP Blockbuster
With four IP cases on the docket and several more knocking at the door of certiorari, the U.S. Supreme Court is poised for a banner year of patent, trademark and copyright decisions.
Features

Privacy and Security of Personal Information Collected by Benefit Plans
High profile cyberattacks and data breaches have become routine occurrences. Cyber threats are so pervasive that many privacy and security experts advise that responsible parties ' like fiduciaries of employee benefit plans ' should prepare for <i>when</i> a data breach occurs, not </i>if</i>. Plan sponsors and fiduciaries should be aware of, and address, security and privacy issues in connection with personal information.
Features

Outsourcing Is No Longer a Four Letter Word
With 70% of law firms outsourcing a portion of their back office and 45% considering outsourcing some middle office functions, it is clear that outsourcing is on the rise in law firms. This is because, when executed correctly, it can be an excellent management tool to increase service levels, broaden talent and manage costs.
Features

Retiring Boomers Pose Big Challenges For Firms
On June 30, securities litigator James Benedict, 66, walked out of his office at Milbank, Tweed, Hadley & McCloy for the last time as a partner and caught a plane to Vail, Colorado, to begin the next chapter of his life.
Features

Data Breach Prevention and Information Governance Go Hand-In-Hand
Information governance has a wide range of varying definitions, depending on whom you ask. Some consider it to be an amorphous collection of policies that are difficult to translate into the real world. Others view it as a holistic strategy document, or a series of discrete, tactical projects that implement best practices in data security or storage optimization.
Features

China's Second Draft Cybersecurity Law's Expanded Data Localization Requirement
Cybersecurity has remained a priority for the Chinese government in 2016. The second draft of the Cybersecurity Law was released for public comment on July 5, 2016. Although still in draft form, when it is adopted, the Cybersecurity Law will impose a number of requirements on companies with business operations within the territory of China that have been subject to heated discussions among multinational companies (MNCs).
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith 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.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›