Features

<i>Online Extra</i>: Equifax's Liabilities Pile on After Discovery of New Compromised Data
After discovering that 2.4 million of its customers had partial driver's license information stolen, Equifax will likely face renewed questions over the handling of its post-breach internal investigation.
Features

Benchmarking Cybersecurity: CISOs and Security Leaders Share Perspectives on Managing Evolving Global Risks
30 security professionals are interviewed in a collective conversation about the cross-functional solutions they are applying to today's most complex challenges and the creative ways they are adapting to a perilous threat landscape.
Features

Law Firm Security Goes Back to School
Armed with technical and regulatory weapons for preventing cyber crimes, law firms must administer policies to protect client data and use the systems and services held standard by industries like medicine and banking. No one knows when disruption will take place. New methods of adverse action force executives to make more choices and decisions. All departments must merge their vigilance and join with IT services as IT takes center stage in order to stay prepared.
Features

How Law Firms and Legal Departments Can Protect Against Meltdown and Spectre
In January, news of the Meltdown and Spectre vulnerabilities rocked the cybersecurity world. And even a few months later, the news is still reverberating, due to several patches that are significantly slowing down device and system performance. To learn more about these vulnerabilities and how law firms and legal departments can protect against them now and in in the future, I sat down with Dana Simberkoff, Chief Risk, Privacy and Information Security Officer at AvePoint.
Features

Court of Appeals Reaffirms that Deference Is Alive and Well When It Comes to Substantive Requirements of SEQRA EISs
The New York Court of Appeals has long established that an agency's assessment of environmental impacts pursuant to the New York State Environmental Quality Review Act, or SEQRA, is entitled to substantial deference, admonishing lower courts that it is not their role to substitute their judgment for the judgment of agencies undertaking the action. Sometimes, however, lower courts give lip service to the deferential standard of review but fail to apply it.
Features

China's Cybersecurity Law Isn't Just About Cybersecurity
The law — which includes data localization mandates, cybersecurity best practices, and data transfer restrictions — has similarities to other cyber laws such as the EU's General Data Protection Regulation (GDPR). But in this case, it's also being used to police internet content and behavior.
Features

New Federal Tax Act Gives New Life, and Twists, to Treatment of Film, TV and Stage Productions
Section 181 of the IRC has provided benefits to both producers of movies and television programs and — under pass-through legal structures such as limited liability companies — to their investors. Now, with the enactment of the sweeping new federal tax law, §181 has been given new life, with a couple of additional benefits and a couple of additional twists.
Features

Decision of Note: TV Reality Show Release Overrides Objection Clause
The U.S. District Court for the Southern District of New York upheld a release clause signed by an entertainment attorney who appeared in WE network's reality TV show Money. Power. Respect.
Features

Supreme Court Asked, Again, to Weigh In on Data Breach Standing as Circuit Split Widens
CareFirst, a large health care company involved in a data breach case, asked the U.S. Supreme Court to weigh in on whether victims can establish Article III standing to sue for the risk of future identity theft. The Court denied the request, leaving intact a recent district court holding that consumers could successfully plead such a claim issue — and leaving a split among the federal appellate courts.
Features

Compliance Officers: Law Enforcement Partners or Targets?
<b><i>Part One of a Two-Part Article</b></i><p>Part One of this article examines key actions brought by U.S. regulators against compliance officers in 2017 based on their failures to ensure that their firms maintain effective compliance and AML programs.
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- 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 ›
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