Privacy

May 14, 2013
EU Privacy Reform Costs Uncertain, UK Watchdog Says

The United Kingdom's data protection regulator released an independent study on Tuesday revealing that the vast majority of businesses in the country are unable to estimate compliance costs under proposed European Union data reforms.
May 8, 2013
Data Security Still A Top Worry For GCs

Managing and mitigating risk around cybersecurity, information technology strategy, Dodd-Frank regulatory compliance and leadership succession are the primary concerns for U.S. directors and general counsel, according to a survey released Wednesday by FTI Consulting Inc. and Corporate Board Member.
May 2, 2013
Verizon, Apple Fail At Protecting Data, Privacy Group Says

While companies including Twitter Inc., Google Inc. and Microsoft Corp. have ramped up efforts in recent years to protect users' data from government access, Verizon Communications Inc., Apple Inc. and others have failed to institute such safeguards, according to a report released by a privacy group Tuesday.
April 3, 2013
Off-Site Data Access Creates SEC Security Risk: Watchdog

The U.S. Securities and Exchange Commission needs to plug an electronic security gap caused by agency personnel using email software to save sensitive and nonpublic information onto non-SEC computers, the agency's internal watchdog said in an audit released last week.
March 21, 2013
Microsoft Says Warrantless User Content Demands Won't Fly

Microsoft Corp. rejected nearly all warrantless government requests for access to the communications of its online and cloud service subscribers during 2012, the company revealed Thursday, relying on a Sixth Circuit decision commonly used by Google Inc. and others to make similar denials.
February 25, 2013
Shine Might Be Off Alt Fee Arrangements, GC Survey Shows

A significantly smaller percentage of in-house counsel used some form of alternative legal fee structures last year, according to a new legal survey from Fulbright & Jaworski LLP that defied previous years' upward trends and more vocal criticism in recent years of the billable hour.
February 25, 2013
Employee Facebook Info Making Its Way Into Court, GCs Say

Companies in litigation are having to produce more data from employees' social media accounts and mobile devices, raising privacy questions, according to a survey of in-house counsel released by Fulbright & Jaworski LLP on Tuesday.
February 25, 2013
In-House Teams Expand To Keep Pace With More Suits, Probes

Corporations beefed up their legal departments in 2012 and expect to do the same this year, according to a new report, with mounting regulatory challenges and abundant litigation combining to boost the need for in-house expertise.
February 25, 2013
GCs Rate Fixed Fees Best Bang For Their Buck

In-house corporate lawyers last year rated fixed-fee legal pricing the most effective alternative fee model to the straight billable hour, according to an annual Fulbright & Jaworski LLP survey released Tuesday.
February 15, 2013
GCs Name Cream Of The Crop Litigators

Corporate counsel singled out nearly 100 litigators as the most client service-driven in their field thanks to their innate ability to deliver solid outcomes, effectively communicate litigation strategy and prioritize their clients' business interests.
February 1, 2013
Large Cos. Ill-Prepared To Stop Hackers, GCs Say

A significant portion of the country's largest companies are not properly prepared to prevent data security breaches, according to a survey published Friday in which 30 percent of Fortune 1000 general counsel said their employers lack the defenses necessary to fend off cyberattacks from hackers.
December 13, 2012
Credit Bureau Dispute Systems Fail Consumers, CFPB Says

The Consumer Financial Protection Bureau said Thursday that the big three consumer reporting bureaus are not properly equipped to take in information provided by customers disputing items on their credit reports, instead relying too heavily on automated systems.
October 3, 2012
Senate Slams DHS' Local Intelligence Gathering As Useless

A U.S Senate report published Wednesday blasted the U.S. Department of Homeland Security's spending on state and local intelligence “fusion centers,” saying their information gathering violated citizens' privacy without helping federal counterterrorism efforts and leaned too heavily on underqualified contractors.
September 27, 2012
GAO Calls For Greater FDA Scrutiny On Device Hacking Risk

Implantable medical devices that need a power source to function could be prone to hacking attacks and other security threats and need more scrutiny by the U.S. Food and Drug Administration, the Government Accountability Office said in a report released Thursday.
August 31, 2012
4 Firms Feared Most By In-House Counsel

When dealing with high-stakes litigation, there are four top-notch firms that in-house counsel dread seeing on the other side of the courtroom, according to a new survey of corporate counsel.
August 15, 2012
Data Security Now A Top Worry For GCs, Directors: Report

Data security now ranks as a top concern among corporate general counsel and public company directors, according to a report released Monday, though fewer than half of directors responding to that survey said their company has a written plan for responding to a cyberattack.
July 19, 2012
Lawmaker, GAO Urge Drone Oversight Amid Privacy Concerns

The U.S. Government Accountability Office and a GOP lawmaker on Thursday expressed the need for greater oversight of unmanned aircraft systems in domestic airspace, as government officials and advocacy groups raised privacy concerns regarding the collection and use of surveillance data from the expeditions.
July 6, 2012
Uncertainty Over CFPB Tops Banks' Worries, Survey Says

Banks and other companies subject to regulation by the Consumer Financial Protection Bureau say their top concerns about the fledgling agency are uncertainty over its approach to regulation and enforcement actions, a survey released Thursday by Mayer Brown LLP found.
June 29, 2012
Law360's Global 20 Firms Open Up New Frontiers

For the second year in a row, Law360 has selected and ranked the 20 law firms with the greatest global reach and expertise.
June 22, 2012
GCs Name Rolls Royce Of Law Firms

A new report based on interviews with corporate counsel has identified the eighteen law firms with the strongest brands in the legal market.

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Expert Analysis

Rise Of The Machines — Predictive Coding Goes Mainstream

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

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

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

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?

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

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

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

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

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.
How To Run Team Meetings In Complex Cases — Part 2

Remember that the structure of a meeting guides the team's conduct. There are three types of alternative meeting structures that can and should be utilized by the litigation team, says David Dolkas of McDermott Will & Emery LLP.

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