Features

Cyber Spies: In-House Legal Fights Back Against Cyberespionage
<b><i>An Exploration of the Modern Cyberespionage Threat and How In-House Legal Departments Are Fighting Back</b></i><p>Though faced with limited legal remedies, counsel are coming up with creative new ways to go after cyberespionage actors, and partnering with an array of cyber professionals and government agencies to combat the threat.
Features

The 'Soft Underbelly' of Cybersecurity Meets Legal Ethics
Legal departments for business organizations rate cybersecurity, regulation and ethics compliance among their chief concerns, and they are well aware of surveys showing law firms to be the "soft underbelly" of business security due to weakness of their cybersecurity.
Features

Data Breaches by Employees<br><b><i><font="-1">How to Keep Your Company Out of the Headlines</b></i></font>
The more we understand about how data breach incidents originate and propagate, the more likely we are to shift focus from outsider hackers to insider (employee) threats. Insider threats can be malicious, but often they are accidental.
Features

<b><i>Online Extra</b></i><br>Are You Ready for the New China Cybersecurity Law?
<b><i>A Consilio Survey Found 75% of Legal Tech Professionals Are Unfamiliar with the Law, But Multinational Companies Can Still Prepare Before the June Implementation</b></i><p>In December 2016, China passed a comprehensive Cybersecurity Law, expanding the country's data localization requirement once it goes into effect this June and sparking heated debate among Chinese lawmakers. Some experts say even more legislation could be on the way.
Features

Client Data in the Age of Digital Technologies and Cyber Warfare
Ubiquitous news of law firm data breaches, even among BigLaw, spotlights a treasure trove of trade secrets, confidential and strategic transactions, and sensitive client information. No wonder law firms are perceived to be attractive targets of cyber-attacks. Attractive? You can't help that. Easy? Not so fast.
Features

<i>BREAKING NEWS</i><br>Yahoo General Counsel Ron Bell Resigns Amid Data Breach Controversy
Yahoo Inc. announced on March 1 that general counsel Ron Bell is leaving the tech giant after an investigation of the company revealed that its legal team failed to sufficiently inquire into a massive 2014 cybersecurity breach.
Features

Cybersecurity Insurance<br><b><i><font="-1">Untangling the Mystery</b></i></font>
High-profile breaches have encouraged many businesses to proactively assess their cyber liabilities, and implement prevention and response plans. Fortunately, there are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
Features

Untangling the Mystery of Cybersecurity Insurance
There are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
Features

Untangling the Mystery of Cybersecurity Insurance
There are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
Features

Is Your Data Breach Response Plan Good Enough? Stress Test It!
As the chances of a data breach incident increase, savvy firms and businesses have invested time and thought in a response plan. But plans never survive first contact with the enemy. Stress test your incident response plan to find and resolve its weaknesses while time is on your side.
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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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt 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.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 ›