Information Governance Can Make Data an Asset

Technologies like predictive coding play a significant role in narrowing the scope of data to potentially relevant evidence, but that early understanding is contingent […]

Preparing For Low-Probability High-Impact Events

Risk appetite, the balance between risk-taking and risk-management, should turn on a careful set of decisions by corporate leaders, with the general counsel and […]

Environmental Cleanup and Recovery for Fraudulent Transfers

The Uniform Fraudulent Transfer Act (UFTA) prevents debtors from transferring assets in an effort to frustrate creditors’ collection of debts. But the UFTA requires […]

From Europe’s Privacy Regulators, Big Penalties But No Rules

With the current state of European privacy regulations, American firms must make additional efforts with their contracts and guarantees of personal data protections to […]

Difficult Due Diligence on Overseas Intermediaries

Under the Foreign Corrupt Practices Act, if the agent of a company pays or offers to pay a bribe to a foreign official in […]

Limits of Cyber Attack Insurance Being Tested in Litigation

Some of the first cases relating to a cyber-attack or data breach relied on traditional insurance forms that contained specific coverages relating to electronic […]

Lessons from Ransomware Attacks on Healthcare Providers

Earlier this year a number of healthcare providers found themselves under siege by targeted ransomware attacks. In February, Hollywood Presbyterian Medical Center in Los […]

Standing is Key Issue in Cyber Lawsuits

A data breach plaintiff, like any federal plaintiff, must establish standing in order to survive a 12(b)(1) motion to dismiss. Traditionally, district courts have […]

Don’t Let “Shadow IT” Take Hold in the Legal Department

Employees are becoming empowered to take workplace technology adoption into their own hands, and that’s become a challenge for IT departments and companies. A […]

A Powerful Weapon Against Infringing Imports

Under section 337 of the Tariff Act, the U.S. International Trade Commission conducts investigations into allegations of certain unfair practices in import trade. Most […]