Coverage Quandary: Is Cyber Insurance Necessary?
October 28, 2011
It's been a wild year for cyber crimes. It all may be falling far too close to home for BigLaw firms and corporate counsel, who are beginning to shop for ' or who are at least beginning to ask a lot of questions about ' cyber insurance. Queries include exactly what the policies cover and cost, how insurers quantify losses and whether the policies are necessary.
Undressing .XXX: Sexier Than the Name Itself
October 28, 2011
Historically, big corporations with multi-million dollar brands and the adult-entertainment industry have been on opposite sides of the fence over brand protection, with owners of famous brands like Nike, Starbucks and Lexus claiming any association of their marks with adult entertainment constitutes dilution by tarnishment. The adult-entertainment industry has very often met such claims as unfounded attempts to stifle its First Amendment right of free speech. Ironically, but legally predictably as far as protecting e-commerce interests, since the introduction of .XXX, both camps are united in a battle with ICANN and ICM to protect their brands from misappropriation.
Keeping an Eye on the Federal Civil Money Laundering Statute
October 26, 2011
Every year, federal prosecutors file many hundreds of criminal money laundering cases. The charge can appear in a dizzyingly wide array of contexts, as the MLCA's definition of the necessary underlying "specified unlawful activity," or SUA, extends to literally hundreds of different crimes.
White-Collar Wiretaps
October 26, 2011
Officers and directors of public companies, as well as their lawyers and other consultants, are on notice that the government just may be "listening in." How justified is their newfound concern, and what can be done to limit exposure to criminal liability? We continue the discussion herein.
NLRB Issues Final Rule on Informing Employees of Their Rights Under the NLRA
October 24, 2011
On Nov. 14, 2011, the final rule issued by the NLRB, entitled Notification of Employee Rights under the National Labor Relations Act, was scheduled to become effective. Due to resistance and apparent confusion surrounding its new employee rights notice-posting rule, the NLRB pushed back the rule's effective date by more than two months.
Five Ways You May Be Contributing to a Data Breach
September 29, 2011
While attorneys understand the importance of client confidentiality, many are less concerned about data security. This can be a serious oversight, since law firms are becoming increasingly vulnerable to security breaches. As other industries such as healthcare, financial services and the government start to recognize the dangers of security breaches and deploy more stringent security measures, the hacker community has begun to eye the legal industry as low-hanging fruit.
The NLRB Wants to Be Your 'Friend'
September 28, 2011
Many employers have implemented or at least considered implementing Internet/social media policies in an effort to protect their reputations, protect their employees, and prevent the dissemination of confidential or proprietary information on the Internet. These policies seem to make perfect sense, but unfortunately, employers need to re-think them in light of the National Labor Relations Board's recent decision in <i>Hispanics United of Buffalo, Inc.</i>
