By Avi Gesser, Matthew Kelly, Will Schildknecht and Anna Marienko | May 31, 2019
Most successful approaches for striking the proper balance involve having clear policies.
By Steven Perlstein, Benjamin Sauter and Beau Barnes | May 31, 2019
Bots add value by facilitating the execution of online tasks at speeds and scales unreachable by human users. But the ubiquity of bots has a dark side, threatening both governmental and commercial institutions.
By Linda A. Malek and Nora L. Schmitt | May 31, 2019
This article will discuss several critical lessons that manufacturers of connected medical devices can learn from recent unprecedented coordination among the FDA, the Department of Health and Human Services Office of Inspector General and the Department of Homeland Security, respectively, as well as the increasingly important role the Federal Trade Commission has come to occupy with respect to the cybersecurity of connected medical devices.
By Una A. Dean, Michael A. Kleinman and S. Cynthia Luo | May 31, 2019
Recent enforcement actions by other regulatory bodies in response to data breaches attributable to third parties may shed some light on what Covered Entities should do and what level of due diligence DFS may expect when it comes to third parties.
By David J. Kessler and Susana Medeiros | May 31, 2019
The question is not whether a receiving party has a duty to take reasonable steps to protect data, but what is reasonable and proportionate in the context of the matters.
New York Law Journal | Analysis
By Angela Turturro | May 20, 2019
In this Special Report: "Is Brexit a Game Changer for the Role of English Law in International Dispute Resolution?," "'Intel' 15 Years Later: Trends and Best Practices," "Pleading Foreign Law in NY Courts: Not as Easy as It May Seem," "So You're Facing Litigation: Working Effectively With Outside Counsel," "The Long-Arm of U.S. Law? Recent Cases Suggest Renewed Trend Towards Expansive Assertions of U.S. Law's Foreign Reach" and "Recent Developments in the Application of Equitable Estoppel to Compel Arbitration."
By Robert Pees and Sheena Buddhdev | May 17, 2019
This article clarifies some misconceptions and provides comfort to international users of English law and the English courts.
By Linda Martin and David Livshiz | May 17, 2019
Recent decisions from the U.S. Courts of Appeals for the Second and Ninth Circuits have shown a willingness to allow claims based on conduct occurring outside the United States to survive dismissal at the pleading state.
By Adam J. Kaiser and Jenna C. Polivy | May 17, 2019
Practitioners seeking to avoid having their clients forced into arbitration by a nonsignatory should examine carefully the relevant arbitration clause and consider the proper forum in which to file suit.
By Kevin F. Meade | May 17, 2019
The ultimate “success” of litigation should be evaluated in light of the company's business aims and objectives. Outside counsel can play an invaluable role in helping the company obtain those aims and objectives, but two things are essential for that to occur—(1) early and frank communication between the company and its outside counsel, and (2) an objective and thorough early case assessment as to the risks and probable outcomes of litigation.
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