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Regulation

  • Cyber security incidents are rising very rapidly. The growing number of serious attacks on essential cyber networks is one of the most serious threats the U.S. faces. One of the critical controls relating to cyber security incidents is the implementation of effective cyber security incident response plans. This article recommends that legal battle plans be developed and maintained as a critical part of your cyber security incident response plans.

    November 02, 2013J.T. Westermeier
  • This article discusses several of the pressing matters within the realm of data encryption, including: the Constitutional concerns that arise when an individual is forced by the government to divulge encrypted data; the recent disclosures in the press of government involvement with encrypted data; and the current global legal climate in which these issues are situated.

    November 02, 2013Richard Raysman and Peter Brown
  • Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.

    October 02, 2013Stan Soocher
  • Later this year, the Internet is set to undergo a series of new and drastic changes with the first rollout of hundreds of new generic Top Level Domains (gTLDs). However, there is still a significant lack of participation from many top businesses that have yet to register and, as a result, are at greater risk of intellectual property infringement and potentially putting consumers at risk as well.

    October 02, 2013Jan Corstens
  • Securing your company's network and protecting your valuable data is difficult enough in today's Internet-driven economy. But to be treated by regulators and courts like an accessory to the crime after you've been hacked is truly adding insult to injury.

    October 02, 2013Jason Weinstein
  • Recently finalized rulemaking by the SEC to implement the Jumpstart Our Business Startups Act allows issuers of securities to engage in general solicitation and advertising to accredited investors in some private placement offerings of securities. Although the SEC's announcement leaves several notable questions unanswered, Rule 506(c) has the potential to enhance the utility of investment programs in the franchise world.

    October 02, 2013Joel R. Buckberg, Taylor K. Wirth
  • Bloggers, claiming that no distinction exists between blogs and traditional media, are seeking protection afforded by the First Amendment rights previously reserved for traditional media outlets. However, most courts do not afford bloggers the same rights given to traditional media.

    October 02, 2013Jonathan Bick
  • The FTC continued to expand its reach into cybersecurity last month when it took legal action against TRENDnet, which markets Web-connected home security cameras that allowed hundreds of live video feeds to be hacked and posted online.

    October 02, 2013Sue Reisinger
  • The value of e-discovery technology varies, depending on a number of factors, including the provider that is hosting the data, the quality of technical support and the nature of the matter at hand. For that reason, there is no single one-size-fits-all platform.

    October 02, 2013Steve Hartwig
  • The increasing use of Web browsing and other user data has stirred some users to reconsider the unspoken "bargain" that exists on social media and other interactive websites, namely, that privacy sacrifices in the form of targeted marketing and data collection subsidize free content and services and promote a robust online ecosystem. However, beyond the larger debate over digital privacy, new practices and technologies have emerged that do not neatly fit within the boundaries of existing privacy laws.

    October 02, 2013Richard Raysman and Peter Brown