Features

Lessons for CISOs from the SolarWinds Breach and SEC Enforcement
In an era where digital threats loom large, the responsibilities of Chief Information Security Officers have expanded beyond traditional IT security to encompass a broader governance, risk management, and compliance role. The infamous SolarWinds Corp. attack illustrates the complex cybersecurity landscape CISOs navigate.
Features

Shielding Law Practices: Mitigating Vendor Risks to Safeguard Client Confidentiality
Because vendors often access clients' internal systems, customer data, and intellectual property, they will always be a magnet for hackers searching for valuable data. Bad actors will always look for the weak spots in a firm's defenses, including those deployed by a firm's vendors and other third parties. And signs point to a growing number of cyberattacks, not a lessening of them.
Features

A Roadmap for Implementing Information Governance In Law Firms
In today's digital age, the volume of data generated and managed by law firms has skyrocketed, presenting both opportunities and challenges. Unfortunately, in parallel with this exponential growth in data, and partially as a direct result of it, law firms have also experienced a significant increase in targeted cyberattacks.
Features

Navigating Custody and Control: Ownership of Smartphone Data and Enforcement of Usage Policies
New regulations from the DOJ around the ownership and governance of company data on personal devices are catching up to the way the world actually works. It's going to make companies' lives a lot harder — and for precisely the same reason that smartphones have made their lives a lot easier.
Features

Is Genetic Information the Next Privacy Battleground?
GIPA litigation remains in its early stages, but the possibility of exorbitant statutory damages could make GIPA the next major trend in privacy class action litigation.
Features

New Federal Privacy Legislation Has Legitimate Shot At Passing
For years, the business community has been calling for a comprehensive federal privacy law, frustrated with operating under a patchwork of sometimes-conflicting state laws. Now, Congress is considering one that's extremely wide-ranging and that observers say has a legitimate chance of passage.
Features

Crafting an Effective Roadmap for Implementing Information Governance In Law Firms
This article discusses why a robust IG program is critical to modern-day law firm operations, the complexities associated with crafting such a program, and what a high-level roadmap for implementing the program looks like.
Features

Navigating the SEC's New Cybersecurity Disclosure Rules
With the first cybersecurity rule for public companies, and the landscape of ongoing scrutiny and enforcement, SEC registrants should not lose time in reviewing their cybersecurity postures and policies to ensure compliance and, even ahead of formal adoption of certain still-pending rules, align with best practices.
Features

Proposed Cybersecurity Rule Could Affect Many CRE Landlords
Attacks on building systems could easily be deemed within the scope of the rule and real estate owners who lease to covered entities would likely have to quickly report cyber incidents within 72 hours and payments made after a ransomware attack within 24 hours.
Features

Privacy Risk Management & Data Minimization
Many organizations — from growing start-ups to mature, well-established companies — are struggling with the new reality of what it means to manage data in an era of digital transformation, exponential data growth, and expanding regulatory regimes focusing on data management and minimization.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
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 ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.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 ›