Features
The New FRCP Is Here to Stay
As expected, there have been several rulings in 2016 interpreting the FRCP e-discovery amendments which took effect in December of last year. This article looks at three cases from the first half of 2016 that highlight the ways in which the new amendments converge with the rising need to preserve new data types, as well as how new e-discovery technology can leverage the new rules to a legal team's advantage.
Features
The New Anti-Bribery Compliance Standard
The International Organization for Standardization (ISO) introduced a new standard for anti-bribery compliance, known as “ISO 37001,” in September. This represents a significant step toward the continued development and standardization of international anti-bribery compliance. By the end of the year, companies can obtain an independent certification from a third-party auditor, attesting to the fact that their internal compliance programs conform to ISO 37001 requirements. So is it worth your time? It depends.
Features
When Is Employee Hacking a Crime?
Employees have found success in defeating CFAA accusations, often by arguing that they did not access a database or other proprietary information without authorization because their login credentials had yet to be revoked. As surveyed below, results have been mixed for employees accused of hacking into the databases of their own companies, competitors and potential business partners. This article discusses three recent cases in this area of law.
Columns & Departments
Business Crimes Hotline
SEC Settles First Stand-Alone Whistleblower Retaliation CaseOn Sept. 29, 2016, the Securities and Exchange Commission (SEC) announced that International…
Features
<i>CYBER-ETHICS:</i> Technological Competence Obligations and the Interplay of the ABA Model Rules and Attorney Cybersecurity
The ABA has long published its Model Rules of Professional Conduct and modifies them from time-to-time to stay current with legal and technological developments and advances. While these Model Rules are not officially binding on attorneys, they have been adopted in large part by nearly every stateand provide a guideline for attorneys across the country regarding standards of professional responsibility and ethical conduct.
Features
Privacy and Security of Personal Information Collected by Benefit Plans
High profile cyberattacks and data breaches have become routine occurrences. Cyber threats are so pervasive that many privacy and security experts advise that responsible parties ' like fiduciaries of employee benefit plans ' should prepare for <i>when</i> a data breach occurs, not </i>if</i>. Plan sponsors and fiduciaries should be aware of, and address, security and privacy issues in connection with personal information.
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 Aug. 1 and Oct. 1, 2016, including amendments to Delaware's corporation and LLC laws. It also looks at some recent cases of interest, including two decisions from the Delaware Chancery Court.
Features
Social Media Influencers and the FTC
Brand owners and their attorneys are grappling with an important question: How to disclose their connections to luminaries like PewDiePie.
Features
Intern Lawsuits Move to State Court; Face Class Decertification, Labor Test Uncertainties
The cases left on the docket feature a glitzy list of Manhattan-based fashion and media defendants ' Dolce & Gabbana, Ralph Lauren, Giorgio Armani, CBS, Simon & Schuster and many others. More than 40 "active" lawsuits in all, claiming that the companies' unpaid internship programs violated employment laws.
Features
Law Firms Facing Unprecedented Cyber Risk
For years, various government authorities and security experts warned the legal industry about the proverbial cyber target painted on their chest. And while a cornucopian crop of headlines bloomed about data breaches, most concentrated on major retailers or recognizable brands. Given nebulous reporting legislations, the data breaches at law firms remained below the press horizon. But you can only dodge so many bullets until one hits the industry square in the chest.
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