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Regulation

  • Early on in 2015, pundits were already predicting that the extent and number of data breaches from 2014 would severely pale in comparison to those that would occur in 2015. Inevitably, people across the country, victims, media, members of government, and even litigious-minded attorneys, are scrambling to determine what legal recourse exists to not only retroactively seek retribution, but also proactively enforce data security methods ' a task that is still at its nascent stages of development.

    September 02, 2015Stephen Treglia
  • A criminal charge or civil enforcement action against a company can be devastating. Charges may, for example, lead to debarment from federal programs ' a corporate death sentence to health care companies and government contractors. But the DOJ, the SEC and other enforcement agencies have long touted the benefits of cooperation for companies under investigation.

    August 02, 2015Jacqueline C. Wolff and Arunabha Bhoumik
  • Information governance requires a firm-wide approach for managing and protecting client information. By taking a proactive approach and laying out the business case through the measurement of the return on investment of information governance, law firms realize significant savings, improve client service and minimize risk.

    August 02, 2015Nancy Beauchemin
  • Although seemingly dry, the few cases heretofore that have confronted questions surrounding misrepresenting takedown notices have contained facts that are arguably ripped from the tabloids, including a bitter dispute between bloggers over the proper method of childbirth, and a kerfuffle arising from the wider publication of the views of a pro-straight pride organization in the U.K.

    August 02, 2015Richard Raysman and Peter Brown
  • Corporate legal departments are all about cost control and efficient processes, yet when hit with a new investigation or lawsuit, legal teams often reflexively fall back on the "collect everything" mentality. The emergence of targeted and remote collection technologies now makes it possible for corporations to collect in a legally defensible way that reduces cost and minimizes business disruption.

    August 02, 2015Brad Harris
  • Employers with transgender employees should be aware of recent developments in the interpretation of laws for transgender employees, especially in relation to an employee's access to restroom facilities while at work. The following provides a brief explanation of the law and the steps an employer can take to ensure that all employees remain comfortable in using restroom facilities.

    August 02, 2015Amber Morton
  • For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.

    August 02, 2015Joshua Kaufman
  • Despite our firm's technological savvy, the burden of growing discovery volumes was challenging to manage. We were experiencing performance and workflow issues on all cases with over 150,000 documents, forcing us to send the larger cases to outside vendors, adding time and cost to every case. Our goal was to find a new in-house solution that could process and search vast amounts of data quickly and provide our attorneys with powerful analytic tools to use in early case assessment (ECA) and strategy development.

    August 02, 2015B.B. Neely
  • Storing and sharing data "in the cloud" has become, in many instances, a business necessity. The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house.

    August 02, 2015Gregory Mottla and L. Elise Dieterich
  • In any business purchase, investment, merger or acquisition, several threshold questions come to mind. What assets are being acquired? Where is the value in the target company? What liabilities are being acquired? How should these be valued for pricing and future growth? What will the acquirer do with the target company? How far can management take the new target?

    August 02, 2015Craig R. Tractenberg