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  • 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.

    March 01, 2018Nina Cunningham, Ph.D.
  • 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.

    March 01, 2018Adam Schlagman
  • 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.

    March 01, 2018Steven C. Russo and Evan Preminger
  • 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.

    March 01, 2018Rhys Dipshan
  • 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.

    March 01, 2018Thomas D. Selz and Bernard C. Topper Jr.
  • 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.

    March 01, 2018Craig A. Newman and Jonathan Hatch
  • Part One of a Two-Part Article

    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.

    March 01, 2018Jonathan B. New and Patrick T. Campbell
  • According to a recent case from the U.S. District Court for the Southern District of New York involving live-event ticket sales, a purported holder of a trade secret cannot omit a confidentiality provision from its terms of use and then claim trade secret status afterward.

    March 01, 2018Richard Raysman and Peter Brown