General counsel who navigate the mishmash of state privacy laws may relate to a new study showing that individual U.S. states' privacy statutes are spread across a broad spectrum.
Summer 2019 put some interesting case law into the books. We'll take a look at three cases having to do with lost data and whether spoliation sanctions were levied.
Fortnite video game developer Epic Games Inc. isn't just dodging digital adversaries — now it's been slammed with a class action lawsuit over a data breach.
Part One of a Two-Part Article
Responses to questions businesses frequently ask about the impacts of the CCPA. Implementation challenges inevitably will arise as a company works to apply these new requirements to its business practices. The time is now to start preparing for the CCPA, as well as for other new U.S. privacy laws that are likely to follow.
Gone are the days of "basic security." What used to be optional is now standard: two factor authentication, complex passwords, clean desk policies, data encryption at rest and in transit, mobile device management and up-to-the-minute patching. Clients expect these items to already be in place and are further expanding their expectations.
A new wave of False Claims Act cases is crashing ashore. Based on the federal government's inclusion of toughened cybersecurity requirements for government contractors, numerous FCA cases will undoubtedly be filed and litigated in coming years against prime contractors and their major subcontractors for allegedly failing to comply with their contractual cybersecurity obligations.
Whether they like it or not, lawyers interact with data every day. While there is no need for them to seek advanced degrees in data science or statistics, it is becoming increasingly difficult for them to provide adequate representation without being skilled in the uses of data.
In Its Motion To Dismiss, Marriott Insisted the Breach Caused No Harm to Its Guests and Attached a Declaration By a Former Government Official Who Wrote: "A U.S. Passport Is Virtually Impossible to Forge Successfully."
Marriott is insisting that last year's cyberattack did no harm to its hotel guests, not least of which because hackers cannot use stolen passport numbers.
At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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.
The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.
'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.
