Features

Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps
This article summarizes the DOJ's recent guidance and the SEC's enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators' expectations and recordkeeping rules.
Features

How the Supreme Court Saved the Internet from Itself: 'Gonzalez v. Google' and 'Twitter v. Taamneh'
The Internet is still standing, but the Supreme Court's reasoning in theGonzalez opinion remains perplexing. Gonzalez and Taamneh are a story about how the Supreme Court "saved" the Internet from itself, and the Court needed both cases to do so.
Features

Tips for Quickly and Effectively Responding to and Handling a Data Breach
Data breaches have become a common occurrence, and any organization, regardless of location, size and industry, can be attacked. This article summarizes key steps and recommendations for responding to and handling a data breach quickly and effectively.
Features

Florida's New Data Privacy Bill Is an Outlier, Going Both Broad and Narrow
The Florida law, which will go into effect on July 1, 2024, positions itself as an outlier among other state data privacy regulations.
Features

Legal Tech: TAR As a Reincarnation of Human Review
This article seeks to provide clarity and context on the different types of AI available in the legal industry today and how the new GPT technology fits into that landscape. More importantly, it will illustrate the potential impact of the next generation of AI on litigation and legal practice as a whole.
Features

Preparing Companies for Impending Data Privacy, Cybersecurity Changes
Failing to pay attention to shifting data privacy and security regulations can be costly. Here's an overview of what's been happening — and what's likely to happen next — in the world of data privacy and security.
Features

AI Considerations for In-House Counsel
Having an AI policy that outlines acceptable use, and documenting assessments that establish that AI systems are used in a manner consistent with the policy and that the benefits outweigh potential harms, can go a long way in managing legal and reputational risk.
Features

4 Pitfalls To Avoid In Legal Operations (and How to Deal With Them)
For legal stakeholders seeking to take their existing legal operations programs to the next level or start new programs from scratch, there are a few all-too-easy traps that can stunt growth, cost political capital and cause headaches. Having a strategic plan, budget and critical executive buy-in is not enough to avoid these four common issues.
Features

Will Section 230 Protect AI Chatbots?
The lack of answers from the Supreme Court regarding the scope of Section 230 of the 1996 Communications Decency Act comes at a time when legal questions around generative AI are mushrooming.
Features

Securing License for Internet Artificial Intelligence
As AI increasingly interpenetrates internet transactions, licensing interest expands. The licensing of internet AI intellectual property is stymied because legal difficulties such as the proper assessment of the jurisdiction for the licensing agreement and the nature of the internet including the proper identification of the parties for the licensing agreement.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
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