The American Lawyer | Commentary
By Jennifer Roberts | March 3, 2019
The way law firms manage, analyze and use their data can be a business driver—and they have no shortage of data.
By Edna Conway | March 1, 2019
The profound changes deriving from IT/OT convergence require us to take a fresh look at legal and regulatory norms that have stood for decades since the Industrial Era. We are in a radical new environment where exponential benefits and risks are now reality.
By Paul Ferrillo | March 1, 2019
In recent years, plaintiff class actions lawyers have shifted their focus in cybersecurity cases from pleading federal claims to asserting claims under state law of residents of all 50 states. However, this potentially raises class certification issues that make these claims difficult for plaintiff to succeed on. How should one prosecute them? How should one defend them? How could one plead and prove that the plaintiffs were injured because of the breach?
By Craig A. Newman, Peter C. Harvey, Alejandro H. Cruz and Joshua R. Stein | March 1, 2019
Under the right circumstances, the SAFETY Act has the potential to become a new gold standard for companies that qualify for its protection and want to establish themselves as leaders in cybersecurity, both with respect to internal risk mitigation and with a view toward ensuring robust protection of customer or client data.
By Una A. Dean and Melis S. Kiziltay Carter | March 1, 2019
The draft Guidelines seek to clarify questions raised since the passage of the GDPR over the GDPR's extra-territorial reach, and they confirm that the GDPR's intended reach is well beyond the geographic confines of the European Union.
The American Lawyer | Analysis
By Roy Strom | March 1, 2019
There's momentum in Big Law firms, corporate legal departments and technology companies alike for a data-tracking system that could have radical consequences for the entire legal industry.
By Phillip Bantz | February 26, 2019
A U.S. data privacy law would open the door for a U.S.-EU adequacy decision under the GDPR. But such a law appears to be a tough sell at the moment.
By Phillip Bantz | February 26, 2019
“All these major economic areas are taking an omnibus approach to data protection,” while the U.S. "is still focused very much sectorally on how it regulates data protection,” said a London-based privacy and cybersecurity expert. A federal data privacy law would open the door for a U.S.-EU adequacy decision under the GDPR. But such a law appears to be a tough sell at the moment.
Delaware Law Weekly | Analysis
By Mark D. Harris and Margaret A. Dale | February 26, 2019
Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale write: So-called “event-driven” securities class actions are on the rise, with data breaches representing one of the most significant categories of events driving this trend. How the courts will treat the proposed settlements that arise in these cases remains to be seen.
By Roy Strom | February 26, 2019
Illinois employers are getting in trouble for scanning their employees' fingerprints, and Shook, Hardy & Bacon is building a team to handle the cases.
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