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WannaCry Attack Is A Wake-Up Call for Cyber Preparedness Image

WannaCry Attack Is A Wake-Up Call for Cyber Preparedness

India E. Vincent

The scope of WannaCry changed our perceptions of ransomware attacks. It made it clear that ransomware could reach a broad cross-section of computers worldwide, at essentially the same time.

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Asserting Damages for Data Piracy Under the CFAA Image

Asserting Damages for Data Piracy Under the CFAA

Shari Claire Lewis

When a database is breached in one way or another, the results can be devastating. Many companies suffering this kind of loss turn to litigation, often under the Computer Fraud and Abuse Act, which prohibits improperly accessing a protected computer. There is, however, a growing consensus in the Second Circuit that recovery of certain forms of damages under the CFAA simply is not permitted.

Features

3 Steps to Ensuring Your AI Initiative Does Not Fail Image

3 Steps to Ensuring Your AI Initiative Does Not Fail

Bobbi Basile

The energy in the legal industry surrounding artificial intelligence (AI) is undeniable. Law firms are investing in innovation or undertaking experiments to test the viability of applying AI-enabled tools to various disciplines. Legal professionals are packing presentations to learn if, how and when the heralded disruption will impact their careers.

Features

Ransomware in Review: 8 Prevention and Response Tips for Your Organization Image

Ransomware in Review: 8 Prevention and Response Tips for Your Organization

Ian Lopez

Electronic data is defining the business world, and with its benefits come many threats. Here's how experts think organizations should protect against ransomware.

Features

<b><i>BREAKING NEWS</b></i><br>Anthem Agrees to Record $115M Data Breach Settlement Image

<b><i>BREAKING NEWS</b></i><br>Anthem Agrees to Record $115M Data Breach Settlement

Ross Todd

Anthem Inc. has agreed to pay $115 million to settle claims related to the massive 2015 cyberattack that affected 78.8 million customers. If approved by U.S. District Judge Lucy Koh of the Northern District of California, the deal would be the largest data breach settlement in history.

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New Research: Employee Privacy and Corporate Legal Risk Image

New Research: Employee Privacy and Corporate Legal Risk

David Horrigan

The use of business email accounts and digital devices for personal communications can be risky for both employers and employees. However, employees of all levels may be commingling corporate communications with their personal information, according to new research.

Features

Searching for Web Crawling's Legal Boundaries Image

Searching for Web Crawling's Legal Boundaries

Joshua L. Simmons

Web pages are a treasure-trove of useful information for companies that are able to capture it using Web crawling (or scraping) technology. Yet, for over 20 years, courts have struggled to draw the line between the usefulness of such information and the rights of the content owners and website operators from which that content is derived. Once a niche issue, the increased use of this technology has compounded the disputes related to it.

Features

New Research: Employee Privacy and Corporate Legal Risk Image

New Research: Employee Privacy and Corporate Legal Risk

David Horrigan

The use of business email accounts and digital devices for personal communications can be risky for both employers and employees. However, employees of all levels may be commingling corporate communications with their personal information, according to new research.

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

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.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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