<b><i>Practice Tip:</i></b>Government Investigations and Proceedings
An area of significant concern for most companies is an investigation by a government regulator, and the subsequent administrative proceeding. Not only is there the possibility of fines and penalties, but the defense costs incurred in defending against such actions typically far exceed the actual penalty imposed. As a result, companies should plan ahead by obtaining insurance that will insulate their bottom line from government investigations and administrative proceedings.
e-Discovery
In recent years, the need to treat e-discovery as a repeatable, streamlined process has been well-evidenced by a series of U.S. court opinions citing a wide range of e-discovery failures, including those related to preservation of electronically stored information (ESI), document productions and identification of potential custodians.
The Internet User's Duty of Care
The duty one Internet user has to another has changed, particularly with respect to cybersecurity and privacy. Negligence by Internet users has enabled hackers and creators of viruses to exploit computer systems and engage in crime and unwanted computer intrusions.
The Times, They Are A-Changin'
As more and more commercial clients move their legal teams in-house, competition among law firms continues to grow. With the legal industry still feeling negative impacts from the financial crisis, a considerable number of law firms have been pooling expertise and gaining market share through mergers and acquisitions.
IP News
Supreme Court: Findings on Likelihood of Confusion by TTAB <br>Federal Circuit: Actual Delay Not Required For Reducing Patent Term Adjustment<br>Federal Circuit: No Lost Profits for Related Unpatented Products
Jurisdiction in Product Liability Cases After 2014
In 2014, two Supreme Court decisions radically changed jurisdictional rules, which were in place since the middle of the 20th century. These two recent cases will have immediate, far-reaching consequences for all product liability litigators, plaintiff or defense.
To Correct or Not Correct Misinformation in Social Media
In June 2014, the FDA issued a draft guidance document on correcting independent third-party misinformation on social media. While the draft guidance is not legally binding, it offers insight on the implications of whether or not to correct misinformation.
When Your Data Goes Viral
As discussed in Part One of this article, a data breach can jeopardize a company's confidential information such as client records, trade secrets, privileged legal information, or employee records. Although many associate data breaches with hackers or cyberattacks, human error, such as a mistake in computer coding or losing a company laptop, also results in significant breaches.
