Regulatory Investigations Following a Reported Data Breach
In BakerHostetler's inaugural Data Security Incident Response Report, we found that regulators inquired about a company's breach 31% of the time and multi-state state Attorneys General investigations were launched less than 5% of the time. A post-breach investigation is not guaranteed. Certainly, in large, highly public incidents, companies can expect at least an inquiry if not a full-blown investigation.
How Consumers Are Shoplifting from the Comfort of Their Own Homes
Online retail has completely transformed the way the world goes shopping. It is projected that consumers worldwide will spend nearly $1,700 billion in online sales this year. Consumers are leaving the physical swiping of cards and exchange of cash behind for the ease and convenience of a card-not-present transaction. But more important than the effect on brick-and-mortar, this paradigm shift is reshaping the way consumers think.
Upsetting the Apple Cart?
Observers of federal compliance monitors are accustomed to seeing them appointed after negotiation, commonly by deferred prosecution agreements (DPAs) in criminal matters or by consent decrees in civil matters. The monitorship in the Apple e-books antitrust case is a notable exception. This article discusses the proceedings.
How Effective Has VARA Been?
The Visual Artists Rights Act of 1990 (VARA) was enacted as an amendment to copyright law for the United States to really get on board with the Berne Convention. Finally, hardworking American authors of original works of fine art would be granted a few "moral rights." That was the promise. But where are we, 25 years in? What artists are granted these rights, and what stands in the way of exercising them?
The Uniform Premarital and Marital Agreements Act
This article will compare key provisions of the UPAA, the UPMAA, and the law of New York, the largest state that has not adopted either uniform act. The differences are detailed in a chart in Part Three of this article.
Unconventional Lawyering Leading to Conventional Credibility
The authors contend that there are many real-life examples of out-of-the-box methods that attorneys can adapt and employ at trial, and indeed throughout the development of their case. Here are some examples of unconventional lawyering that work very well, they say.
Recording Surgery
Recently, the topic of audiovisual recording of surgical procedures is coming up in the national conversation. What might the consequences of this newer trend be?
