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Features

The State of Data Breach Litigation and How to Avoid It Image

The State of Data Breach Litigation and How to Avoid It

Aaron D. Charfoos & Sean C. Griffin

The number of records compromised in data breaches in 2016 increased an astounding 86% over 2015 breaches. This has led to numerous data breach litigations in the civil and regulatory context. What are the major cases and trends from 2016? And what can organizations do to try to reduce their risks of breaches and litigations?

Features

<b><i>Counsel Concerns</b></i><br>Dr. Luke's Suit Against Geragos Over Tweet Survives Dismissal Motion Image

<b><i>Counsel Concerns</b></i><br>Dr. Luke's Suit Against Geragos Over Tweet Survives Dismissal Motion

Amanda Bronstad

Famed Los Angeles attorney Mark Geragos will have to face a defamation suit over his Twitter posts implying that record producer Dr. Luke raped Lady Gaga.

Features

FTC's Letter to Paid 'Influencers' Image

FTC's Letter to Paid 'Influencers'

C. Ryan Barber

In the digital age, the Federal Trade Commission (FTC) has been keeping tabs on the growing trend of brands hiring so-called "influencers" — athletes, celebrities and others with large followings — to promote their products on social media. In April, the FTC turned its attention downstream to the "influencers" themselves, sending 90 letters to influencers and marketers informing them of their responsibility to "clearly and conspicuously" disclose the business relationships behind social media posts.

Features

State of the Industry: E-Discovery and Cybersecurity Image

State of the Industry: E-Discovery and Cybersecurity

Jared Coseglia

<b><i>Part Two of a Three-Part Article</b></i><p>Examining the current similarities between e-discovery and cybersecurity and details how the history of e-discovery mirrors the present of cybersecurity and is a predictor of future patterns in the cybersecurity staffing market.

Features

Institutional Deliberate Indifference Image

Institutional Deliberate Indifference

Janice G. Inman

<b><I>Proving Constitutional Violation</b></i><p>Part Two of a Two-Part Article</I></b><p>Conclusion of a discussion about <I>Glisson v. Indiana Dept. of Correction,</I> in which Alma Glisson, whose son Nicholas died while in prison, sued the correctional facility for employing the services of medical contractor Correctional Medical Services, Inc. (Corizon).

Features

Using Computer Forensics to Investigate Employee Data Theft Image

Using Computer Forensics to Investigate Employee Data Theft

Timothy M. Opsitnick, Joseph M. Anguilano & Trevor B. Tucker

Departing employees have a sense of ownership over the data that they copy. Intellectual property commonly stolen includes customer lists, secret formulas, source code, strategy documents and other trade secrets. The information is often used against the organization when the former employee goes to work for a competitor or decides to start a new company.

Features

A Look at Right of Publicity Suit Over <i>Gears of War</i> Image

A Look at Right of Publicity Suit Over <i>Gears of War</i>

Christine E. Weller

Celebrities who are fiercely protective of their image and branding fight back, bringing an increasing number of lawsuits when it appears that a video game creator has borrowed without permission. These right of publicity cases highlight the tension that exists between the rights of public figures to control the way their image and likeness is used in commercial contexts and the First Amendment.

Features

The Challenge of Complying with China's New Cybersecurity Law Image

The Challenge of Complying with China's New Cybersecurity Law

Dan Whitaker

In a bid to assert control over cyberspace, China passed a sweeping cybersecurity law that affects virtually every company doing business in that country. The law is set to go into effect June 1, 2017. Despite its broad reach and potential for disruption, it appears that very few legal professionals are aware of the law.

Features

The Challenge of Complying with China's New Cybersecurity Law Image

The Challenge of Complying with China's New Cybersecurity Law

Dan Whitaker

In a bid to assert control over cyberspace, China passed a sweeping cybersecurity law that affects virtually every company doing business in that country. The law is set to go into effect June 1, 2017. Despite its broad reach and potential for disruption, it appears that very few legal professionals are aware of the law.

Features

Sixth Circuit Trims Bank's Good-Faith Defense to Fraudulent Transfer Claims Image

Sixth Circuit Trims Bank's Good-Faith Defense to Fraudulent Transfer Claims

Michael L. Cook

<b><I>Part One of a Two-Part Article</I></b><p>The issue of what constitutes a good-faith defense to a fraudulent transfer claim is a murky question that has produced a wide variety of reported decisions from appellate courts over the years. But a recent Sixth Circuit opinion sheds some clear light on a complicated fact pattern.

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