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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 GDPR: Teeth, and Considerations for Corporate Legal Counsel and Discovery Teams Image

The GDPR: Teeth, and Considerations for Corporate Legal Counsel and Discovery Teams

Ryan Costello

With the EU's General Data Protection Regulation (GDPR) set to take effect in May of 2018, the serious implications for corporate legal counsel and e-discovery teams are difficult to deny.

Features

Where Is the Digital-Age Sweet Spot Between Business Growth and Data Security? Image

Where Is the Digital-Age Sweet Spot Between Business Growth and Data Security?

Sanjiv Bawa

In this heady atmosphere, law firms risk succumbing to the temptation — indeed, the seeming necessity — to exploit to the hilt the Internet's huge upside — its massive growth and profit potential — while neglecting its huge downside: its immense threats to data security.

Features

NY 'Facebook' Decision Leaves Many Questions Open Image

NY 'Facebook' Decision Leaves Many Questions Open

Maurice J. Recchia

In a newsworthy case in which retail giant Amazon and social media developer Foursquare Labs, among others, submitted friend of the court briefs, the New York Court of Appeals affirmed decisions which denied Facebook's motion to quash warrants issued to it by the Manhattan District Attorney's Office and denied Facebook's motion to compel disclosure of the district attorney's supporting affidavit to its warrant application.

Features

Future Shock? Uncertainty over Long-Term Effects of the FCC Privacy Rules Repeal Image

Future Shock? Uncertainty over Long-Term Effects of the FCC Privacy Rules Repeal

Rhys Dipshan

<b><i>The Repeal May Open Up ISPs to Future Legal Challenges on How and When They Can Sell Their Customer's Private Data</b></i><p>While the recent repeal of the Federal Communications Commissions' (FCC) broadband privacy rules have caused an uproar over what many may see as lagging federal data privacy protections, it does little to change how broadband ISPs handle their users' data.

Features

Senate Votes to Repeal FCC Internet Privacy Rules Image

Senate Votes to Repeal FCC Internet Privacy Rules

Lora Hollien

The FCC's move to stop Internet service providers from collecting customers' personal information without consent has itself been halted. The Senate voted 50-48 on March 24 to overturn the rules, with the House expected to follow suit.

Features

In Light of Recent FTC Actions, Review Your Privacy Policy Image

In Light of Recent FTC Actions, Review Your Privacy Policy

Devika Kornbacher, Scott Breedlove, Janice Ta & Aislinn Affinito

Every day, billions of mobile and Internet-enabled computers, smartphones, watches, drones and even coffee machines are collecting vast amounts of geolocation…

Features

Back in the GDPR Image

Back in the GDPR

Dan Panitz & H. Bruce Gordon

Any company operating globally should protect its value through exposure containment under both privacy shield and the forthcoming GDPR.

Features

What You Need to Know to Get Started with Privacy Shield Certification Image

What You Need to Know to Get Started with Privacy Shield Certification

David F. Katz

If your company maintains operations in the European Union or is U.S. based but obtaining personal data from European citizens, you will need to strongly consider obtaining certification under the new Privacy Shield framework. Certification began in August 2016, and will make compliance with EU privacy laws when transferring data to the U.S. possible for the immediate future.

Features

Is Your Law Firm Running 'Encryption Light?' Image

Is Your Law Firm Running 'Encryption Light?'

Nina Cunningham

With so many warnings to lawyers about transmitting unsecured email and attachments, it can be difficult to understand the solutions available and how they differ. Some may improve security but make communications cumbersome. If too cumbersome, users seek a way to work around them or choose less powerful tools.

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MOST POPULAR STORIES

  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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  • Rights and Obligations In Patent Licenses
    The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
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  • Foreseeability as a Bar to Proof of Patent Infringement
    The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale &mdash; especially since it included a new and controversial foreseeability test in its analysis for estoppel.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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