LJN Newsletters

Businesses that want to use data analytics and comply with privacy rules have an additional burden when the data in question become or could become part of discoverable information in litigation. Then, businesses must make choices about how to handle PII data, which of it to produce and the justifications to support those decisions. Balancing these data-driven issues requires an understanding of the ever evolving landscape of each competing concern.

This article examines insurance coverage for data breaches. Counsel may be surprised to learn that coverage for data breaches is not limited to specialty policies, and can often be found under standard CGL or property insurance policies. Any time a potential data breach occurs, it is essential for an insured to consider all forms of insurance that it carries and to provide prompt notice to its insurer(s) of any policy that even potentially could apply.

Creating a brand name that is trademark-worthy and can be defended in the market requires a thoughtful strategy. The standards of the USPTO for trademark registration are nuanced, and the wrong choice of words can make it challenging to obtain a defensible registered mark.

This article provides an overview of the ethical and legal considerations in both of those contexts with respect to both the sending and receipt of metadata by in-house counsel and the company's outside counsel.

In-house counsel contemplating or involved in mediation should take a step back and consider whether the standard ways of doing things really serve their or their clients' needs. Do they promote your dispute resolution goals? Surprisingly often, the answer is no.

Several issues and concerns populate corporate counsels' minds when confronted with e-discovery demands, but two rise to the top: 1) collection and production cost; and 2) inadvertently producing information protected by evidentiary privileges. And these two concerns overlap, producing a Catch-22 dilemma for in-house lawyers.

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Nov. 1, 2012 and Jan. 1, 2013. It also reviews some recent decisions of interest, including two from the Delaware Supreme Court.

This article discusses some of the more significant issues that were addressed as well as the ones that were not addressed in as much detail as was hoped.