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Regulation

  • New U.S. Department of Justice Cybersecurity Guidelines Stress Preparedness Amid Reports That Many Organizations Have Failed to Plan for a Breach

    Data protection tips are virtually everywhere these days. So it's hardly surprising that the U.S. Department of Justice has released new guidelines on that very topic. The UK's National Cyber Security Centre is poised to follow suit.

    November 01, 2018Phillip Bantz
  • The majority of these recent amendments become effective on Dec. 28, 2018. Many of these reforms appear to be in direct response to concerns expressed in 2016 by the New York Attorney General (NYAG), yet the changes do not appear to be as sweeping as the NYAG had sought.

    November 01, 2018Anthony J. Dreyer and Andrew Green
  • The Detail Dilemma

    How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.

    November 01, 2018Daniel R. Saeedi
  • The FARA feeding frenzy had already been building in recent years, but it gained traction in the months since Manafort's indictment last fall.

    The U.S. Justice Department's aggressive enforcement of the Foreign Agents Registration Act (FARA) has drawn blood throughout the consultant class in Washington, with lawyers assessing the casualties and prowling for new business.

    November 01, 2018Ryan Lovelace
  • Former CFO of Bankrate Sentenced to 10 Years in Prison for $25 Million Fraud Scheme

    November 01, 2018Colleen Snow
  • It's clear that the onset of GDPR regulations and a quickly changing consumer sentiment about the sensitivity and value of their personal data will reorient a company's interactions with their customers and their information. There will be some pain points in this transition, as Facebook investors recently demonstrated, but it doesn't have to be a unilateral downturn for the tech industry.

    October 01, 2018Michael Smolenski
  • In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.

    October 01, 2018Timothy Hill
  • How Lenders and Debtors can Minimize UST Fees and Maximize Creditor Recoveries

    As predicted in the first part of this article (May, 2018), the new United States Trustee (UST) fee has had a disproportionate effect on middle-market, high-velocity cash flow companies. The best solution is for Congress to revisit the fee structure and refine it to reflect the realities of particular cases and the actual burden on the UST.

    October 01, 2018Jacob H. Marshall
  • Part Two of a Two-Part Article

    Though they might seem straightforward on their faces, limitations periods are often elongated by legislation or court interpretation. The authors began looking at some of these exceptions to the stated limitations periods last month in Part One of this article. They continue here with further examples.

    October 01, 2018Robert J. Anello and Justin Roller