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LJN Quarterly Update: 2024 Q1 Image

LJN Quarterly Update: 2024 Q1

LJN Editorial Staff

Highlights some of the in-depth analysis and insights from lawyers and other practice area experts from the nine LJN Newsletters titles over the first quarter of 2024.

Features

Compliance Requirements of CISA's Proposed Cyber Incident Reporting Rule Image

Compliance Requirements of CISA's Proposed Cyber Incident Reporting Rule

Mark A. Berman, Jessica L. Copeland & Victoria M. Okraszewski

This article focuses on the requirements of CISA's proposed cyber incident reporting rule, the compliance requirements for covered entities and the steps entities can take to protect themselves.

Features

Protecting Privacy and Sensitive Data In Era of Neurotechnologies Image

Protecting Privacy and Sensitive Data In Era of Neurotechnologies

Frances Green, Paul DeMuro & Eleanor Chung

Scientists have been collecting neural data from the brain for medical reasons for years, with myriad regulatory constraints in place. But in 2024, technologies are moving fast and furiously into the realm of consumer products.

Features

How Will Criminal Law Enforcement Be Able to Police the Improper Use of AI? Image

How Will Criminal Law Enforcement Be Able to Police the Improper Use of AI?

Leo Tsao, Robert Luskin & Corinne Lammers

Given the DOJ's limited tools to prosecute AI crimes where no one intended for the AI to violate the law, effective compliance likely will be the best defense for companies to avoid criminal charges for AI-based crimes.

Features

IRS Keeps Hold On Employee Retention Credit Claims to Protect Small Businesses from Fraud Image

IRS Keeps Hold On Employee Retention Credit Claims to Protect Small Businesses from Fraud

Julie Potts

While the IRS has new ERC claims on pause and works to investigate possible fraud, business owners still have the opportunity to protect themselves from potential civil and criminal penalties.

Features

What Effective Cooperation With the SEC Looks Like, According to SEC Enforcement Director  Image

What Effective Cooperation With the SEC Looks Like, According to SEC Enforcement Director 

Maria Dinzeo

Companies should be going above and beyond what's legally required to earn leniency from the SEC, its top enforcement official said at a gathering of white collar defense attorneys and in-house counsel

Features

Worldwide Regulations Increasing Compliance Challenges Image

Worldwide Regulations Increasing Compliance Challenges

Chris O'Malley

Regulators worldwide — not just in the United States — are putting in place new programs and policies that will make steering clear of enforcement bunkers even more difficult. And one of the most worrisome, according to corporate attorneys, is a new DOJ pilot program that will provide stronger incentives for whistleblowers to rat out their co-workers and employers for misconduct.

Features

China Finalizes New Regulations to Relax Personal Data Exports from China Image

China Finalizes New Regulations to Relax Personal Data Exports from China

Lindsay Zhu, Scott Warren, Haowen Xu & Charmian Aw

Nearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.

Features

Lessons for CISOs from the SolarWinds Breach and SEC Enforcement Image

Lessons for CISOs from the SolarWinds Breach and SEC Enforcement

Daniel Garrie, David Cass & Jennifer Deutsch

In an era where digital threats loom large, the responsibilities of Chief Information Security Officers have expanded beyond traditional IT security to encompass a broader governance, risk management, and compliance role. The infamous SolarWinds Corp. attack illustrates the complex cybersecurity landscape CISOs navigate.

Features

Is Genetic Information the Next Privacy Battleground? Image

Is Genetic Information the Next Privacy Battleground?

Jeffrey N. Rosenthal & Amanda M. Noonan

GIPA litigation remains in its early stages, but the possibility of exorbitant statutory damages could make GIPA the next major trend in privacy class action litigation.

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    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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