Features
FTC Warns Companies of Children's Privacy Violations
On May 15, the Federal Trade Commission (FTC) sent letters to more than 90 businesses, informing them that they could potentially be in violation of the Children's Online Privacy Protection Act (COPPA) when changes to the law go into effect on July 1.
Features
Identifying Unnamed Online Speakers
The '<i>Dendrite</i> test,' has discouraged lawsuits whose real objective is identifying anonymous speakers. Prior to <i>Dendrite</i>, thousands of lawsuits were filed each year seeking to identify Internet speakers, and enforcement of subpoenas was almost automatic. Since <i>Dendrite</i>, both the number of lawsuits designed to identify Internet speakers and the automatic nature of the enforcement of those subpoenas has declined due to the broad application of Dendrite. Recently, an appellate court in <i>Warren Hospital v. John Does (1-10)</i> has limited the application of <i>Dendrite</i>.
Features
Should Lying About Your Age Online Be a Federal Crime?
The calls for amending the Computer Fraud and Abuse Act (CFAA) have grown louder. In response, several bills have been introduced in Congress offering amendments to the CFAA. The question is whether Congress will use this opportunity to draft a law that attempts to reflect the interests of all U.S. citizens or simply increase the criminal penalties for violating the CFAA so as to appear tough on crime.
Features
FTC Warns Companies of Children's Privacy Violations
On May 15, the Federal Trade Commission (FTC) sent letters to more than 90 businesses, informing them that they could potentially be in violation of the Children's Online Privacy Protection Act (COPPA) when changes to the law go into effect on July 1.
Features
Online Retailers Lose Challenge to New York's Internet Tax
In a case that has far-reaching ramifications because of the exponential expansion of cyberspace in general, and because of the growth of e-commerce in particular, the New York Court of Appeals has rejected challenges by two major online retailers to New York's 'Internet tax,' which requires collection of a sales tax on online purchases made by New York residents.
Features
The War on Cybercrime Heats Up
Cybercrime is neither rare nor isolated these days. You no longer need to be a major bank, retailer, credit card company, social media site or government to become a target. Every company with an online presence, or even a connection to the Internet, has become fair game.
Features
Regulation and Innovation in Leasing
Are the imperatives of innovation and compliance always mutually exclusive? This article explores these very different but perhaps not always incompatible concerns.
Features
Anyone Can Whistle
The wave of federal legislation continues to provide significant financial incentives and protections to whistleblowers for reporting corporate misconduct to law enforcement. And the wave shows no signs of diminishing in 2013.
Features
<b><i>Online Exclusive</b></i> Controversial Cybersecurity Bill Passes in House
Congress is once again pushing forward on a controversial bill to bolster the nation's cybersecurity, which could end up changing how law firms and their clients respond to online threats. The House passed the Cyber Intelligence Sharing and Protection Act (CISPA) on April 18, sending the legislation to the Senate. The bill would allow 'cybersecurity entities' ' an intentionally broad term that includes law firms and business that they represent ' to share cyber threat information'
Features
The NLRB's Assault On Companies' Social Media Policies
This article discusses the NLRB's views on social media policies, through two recent NLRB decisions, and the eyes of the NLRB's General Counsel and its Administrative Law Judges.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›