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Expert Analysis

  • What You Should Know About Data Protection In Mexico

    Javiera Medina

    The privacy notice guidelines required by Mexico's privacy law recently went into effect, and Mexico's Federal Institute of Access to Information has already imposed penalties on companies that have not complied. Companies operating in Mexico should immediately implement internal processes in order to prevent significant economic liabilities, says Javiera Medina of Littler Mendelson PC.

  • Rise Of The Machines — Predictive Coding Goes Mainstream

    Michael Moscato

    The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.

  • FCC Ruling Provides TCPA Guidance For Courts

    Thomas Cunningham

    The Federal Communications Commission’s long-anticipated ruling in the Charvat v. Echostar and U.S. v. Dish Network LLP matter is significant because it confirms that companies that do not exercise undue levels of control over their telemarketers or their call centers will not be held liable when those third parties violate the Telephone Consumer Protection Act, say attorneys with Locke Lord LLP.

  • Benefits For Cloud Providers Adhering To US-EU Safe Harbor

    Gerard Stegmaier

    The U.S. Commerce Department recently concluded that the U.S.-EU Safe Harbor's flexibility can account for any potentially unique data protection issue that may be raised by cloud computing, which suggests the program's ongoing value to U.S.-based enterprises seeking to ensure adequate data protection of personal information processed from the EU, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • How To Physically Secure Electronic PHI

    Ross Friedberg

    Increasingly sophisticated threats to information security, new regulatory requirements and ramped-up enforcement of the Health Insurance Portability and Accountability Act are prompting many health care providers and other covered entities to revisit their security policies. As these policies are revisited, physical security should undoubtedly be part of the conversation, say attorneys with Epstein Becker & Green PC.

  • E-Discovery In The Cloud: Who Can Get Your Data?

    Timothy M. Broas

    Many lawyers are asking whether placing electronically stored information in the cloud could inadvertently waive the attorney-client privilege and whether the government or a civil litigant could obtain ESI directly from a cloud service provider. In answering these questions, there are a number of aspects of the cloud worth considering, say Timothy Broas and Matthew Saxon of Winston & Strawn LLP.

  • Cyber Risk Insurance May Cost More Than You Think

    Thomas Caswell

    With companies and individuals steadily floating toward digital storage, insurers and insureds must note that the potential monetary loss for notifying of a data breach alone can be significant and review several factors that could expose the organization to financial difficulties, say attorneys with Zelle Hofmann Voebel & Mason LLP.

  • Managing The Risks And Costs Of Production Of Private Info

    Anthony Diana

    While manual redaction of a few hundred or few thousand simple documents may be feasible and cost-effective in some instances, the time and costs involved with attempting redactions on a large scale are prohibitive and often offer little, if any, benefit to the resolution of the legal matter, say Anthony Diana and Therese Craparo of Mayer Brown LLP.

  • Cloud Storage Providers May Be Subject To HIPAA

    Gerry Stegmaier

    A recently issued rule by the U.S. Department of Health and Human Services may unknowingly create significant liability and legal risk for many technology enterprises. A challenge under this rule is the risk that data storage providers may unknowingly receive protected health information from clients and become subject to penalties and enforcement actions, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • FTC And SEC Are Schizoid On Social Media

    Glenn Manishin

    The Federal Trade Commission's recent guidance on digital advertising disclaimers and the U.S. Securities and Exchange Commission's new policy on corporate financial disclosures were presented by the agencies as ways to enable use of social media by corporations — but instead just make things much harder, if not totally impracticable, says Glenn Manishin of Troutman Sanders LLP.