Features
The DNA of an In-House Corporate e-Discovery Project Manager
What is the DNA of an in-house e-discovery project manager ' and how can you become one, whether you are a lawyer or a technician? Let's define an in-house e-discovery project manager, examine in-house corporate hiring trends and endeavor to understand what the corporate appetite is for grooming talent or, conversely, for hiring experienced e-discovery professionals.
Features
Is It a 'Cyberattack' or a 'Data-Breach Incident'?
This article goes beyond the nuts and bolts of how to respond to a data-breach incident, and offers some lessons learned from the frontlines of the cybersecurity war to help companies successfully navigate the legal and public-relations minefield that ensues.
Features
Insurance Coverage Disputes over Data Breaches
Each day, businesses become progressively more dependent on computers and the Internet to gather, store and protect information. But, as sophisticated as this technology may be, it has also proven to be susceptible to breaches, which have time and again resulted in the unauthorized access of confidential information.
Features
Anti-Waiver Arguments and Enforcement of Forum-Selection Clauses
Anti-waiver provisions in state franchise acts have traditionally been used to trump the venue designated in the franchise agreement and to successfully transfer venue to the franchisee's home state. However, a recent decision from the U.S. District Court for the Eastern District of Michigan has added weight to a small but growing body of cases enforcing forum-selection clauses against franchisees that operate in states with franchise acts containing anti-waiver provisions.
Features
Protecting Law Firms from Increasing Cyberattacks
Cyberattacks are increasing at a startling rate in the business community, not only by hackers for personal intellectual skullduggery, but cyberattacks aimed at obtaining sensitive information. Law firms have become major targets of these illegal attacks, which are aimed at discovering and pilfering the entire subject matter of a commercial operation.
Features
EU Data Protection Reforms Update
E-commerce counsel would do well to familiarize themselves with the ongoing process of reforms to the EU data protection rules due to their eventual compliance impact and because they constitute more than a simple upgrade to the existing rules.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2014 as well as some recent cases of note.
Features
Big Data and Regulation
Big data has taken the world by storm. From its origins as a technical solution for Internet search engines and online retail sales, it has spread across business, science and now government. Big data tools have shown extraordinary power to quickly sort and analyze data, both structured and unstructured. Ultimately, the power of big data resides in its ability to identify signals or patterns in vast data sets.
Features
Supreme Court Mandates More Patent Claim Clarity
In <i>Nautilus, Inc. v. Biosig Instruments, Inc.</i>, a unanimous Supreme Court held that the test for patent claim definiteness in 35 U.S.C. '112, '2 (2006) "require[s] that a patent's claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty."
Features
The Problem with Europe's 'Right to Be Forgotten'
In Europe, search engines are classified as "data collectors" rather than news or media outlets, and the European Union's Charter of Fundamental Rights guarantees every person the right to "protection of personal data.
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MOST POPULAR STORIES
- 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 ›