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HTMLEU General Data Protection Regulation: What Impact for Businesses Established Outside the EU
Françoise Gilbert; Greenberg Traurig, LLP;
Legal Alert/Article
May 10, 2016, previously published on April 19, 2016
The 261-page final draft of the EU General Data Protection Regulation (GDPR), which replaces Directive 95/46/EC (Directive), was formally approved by the EU Parliament on April 14, 2016. The document is expected to be published in the Official Journal of the European Union (EU) in June, and to...


HTMLGovernment Guidance for Preventing and Responding to Ransomware Attacks
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
May 10, 2016, previously published on April 26, 2016
Ransomware attacks are a significant and increasing threat to organizations of all kinds. Government agencies have recently issued guidance for preventing and responding to ransomware attacks. Organizations should consider that guidance and take appropriate steps to prevent, and prepare to respond...


HTMLFourth Circuit Confirms Coverage for Data Breaches Claims Under Traditional CGL Insurance Policies
Richard (Rich) DeNatale, Celia Jackson, Richard D. Milone; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
In a highly anticipated decision, the Fourth Circuit has ruled that commercial general liability ("CGL") insurance policies provide defense coverage for class action lawsuits arising from a data breach. The decision, Travelers Indemnity Company of America v. Portal Healthcare Solutions,...


HTMLRestrictive Covenant Update
Adam Guy; Borden Ladner Gervais LLP;
Legal Alert/Article
April 18, 2016, previously published on March 31, 2016
Two brothers, Jason and Jeffrey, worked for Computer Enhancement Corporation ("CEC"). Jeffrey secretly competed against CEC using inside knowledge while still employed and was fired. One month later, Jason quit without notice, but not before he and Jeffrey incorporated a business to...


HTMLUtah Enacts New Laws Addressing Post-Employment Restrictions and Unauthorized Computer Use
Clifford R. Atlas, Conrad S. Kee; Jackson Lewis P.C.;
Legal Alert/Article
April 15, 2016, previously published on April 7, 2016
Utah has enacted two new laws of importance to employers concerned about trade secrets, customer relationships, and other protectable interests in its 2016 legislative session. The first statute, the Post-Employment Restrictions Act (Utah Code § 34-51-101, et seq.), sets a one-year time limit...


HTMLPanama Papers Leak 11.5 Million Documents, Exposing Public Officials
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 11, 2016, previously published on April 8, 2016
On Sunday, April 3, 11.5 million confidential documents exposing a widespread system of global tax evasion were made public as a result of a hack. The documents, which were records of the Panamanian corporate service provider and law firm Mossack Fonseca, were obtained by an anonymous source,...


HTMLEU and U.S. Release Terms of Privacy Shield
Paloma Bru, Jonathon R. Little, Mauricio F. Paez, Elizabeth Robertson, Undine von Diemar; Jones Day;
Legal Alert/Article
March 31, 2016, previously published on March 2016
The European Commission ("EC") and U.S. Department of Commerce ("DOC") recently released the full text of the EU¿U.S. Privacy Shield framework. This release follows the February 2, 2016, announcement that EU and U.S. officials had reached an agreement to replace the...


HTMLSave Your Data and Your Dollars: Tips to Prevent "Ransomware" from Holding Your Company Hostage
James R. Dutro, Colin Leary, Daniel J. McLoon, Mauricio F. Paez, Jeffrey Rabkin; Jones Day;
Legal Alert/Article
March 22, 2016, previously published on February 2016
On February 15, 2016, a Los Angeles-based hospital paid cyber criminals $17,000, in the form of 40 Bitcoins, to restore access to electronic medical records and email systems. The hospital—Hollywood Presbyterian Medical Center—had been operating offline for more than a week after...


HTMLSignificant Change to ESI Preservation Under the Federal Rules of Procedure
Christopher P. Hanslik; BoyarMiller A Professional Corporation;
Legal Alert/Article
March 22, 2016, previously published on November 24, 2015
In recent years, the cost of complex litigation has soared due to the growth of electronically stored information (ESI). Standard discovery requests now include a request for the opposing party to produce a multitude of electronic data from the other party - emails, documents, text messages, file...


HTMLCISA Guidelines: Privacy and Civil Liberties Interim Guidelines for Federal Agencies
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 11, 2016, previously published on March 2, 2016
Last week, we discussed the Federal government’s first steps toward implementing the Cybersecurity Information Sharing Act (CISA). Among the guidance documents released by the Department of Homeland Security and the Department of Justice were the Privacy and Civil Liberties Interim...


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