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|Cyber Incident Response Plans — Test, Train And Exercise|
Bradley J. Freedman; Borden Ladner Gervais LLP;
June 2, 2016, previously published on May 19, 2016"Give me six hours to chop down a tree and I will spend the first four sharpening the axe." - Abraham Lincoln
|(dot).INSURANCE for Domain Names?|
Bernard F. Meroney; Jones Walker LLP;
June 2, 2016, previously published on May 17, 2016Common "top level" domains, or extensions, include .COM, .NET, and .ORG. A new top level domain ".INSURANCE" is now available and accepting applications to register domain names with the .INSURANCE extension. The rules governing .INSURANCE domains are controlled by fTLD, a...
|South Dakota: Unique Nexus Provision Triggers Immediate Lawsuits|
David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
June 2, 2016, previously published on May 5, 2016Since lawmakers began to realize how much revenue they are losing to out-of-state retailers that cannot be compelled to collect sales taxes, there has been much hand wringing about how to mitigate their losses while still remaining within the bounds of the law. The problem stems from the 1992...
|E-Commerce Sector Inquiry Finds Widespread Geo-Blocking in the EU|
Bernard E. Amory, Charlotte Breuvart, Yvan N. Desmedt, Tristan J. Verminck; Jones Day;
April 26, 2016, previously published on April 2016In its ongoing sector inquiry into e-commerce in the European Union, the European Commission has published its initial findings on geo-blocking. Launched in May 2015 by the European Commissioner in charge of competition, Margrethe Vestager, this inquiry forms part of the Commission-wide Digital...
|Maison St-Patrice inc. v Cusson, 2016 QCTAT 482: Exclusion of Facebook Snooping Evidence in Québec — a minority view|
François Longpré; Borden Ladner Gervais LLP;
April 18, 2016, previously published on March 31, 2016This case deals with the admissibility of Facebook content as evidence. It arises in the context of a hearing before the Occupational Health and Safety Division of the new Québec Administrative Labour Tribunal. This tribunal results from the merger, as of January 1, 2016, of the Labour...
|FAQ: Purchasing a Cyber Liability Insurance Policy|
Richard D. Milone; Jones Day;
April 18, 2016, previously published on April 2016There is a saying making its way through the insurance marketplace that there are two types of companies—those that already have purchased a cyber liability policy, and those that will soon wish they had.
|Growth in Internet Commerce Causing States to Work around the Supreme Court|
McDonald Hopkins LLC;
April 18, 2016, previously published on April 7, 2016May 26, 2016, marks the 24-year anniversary of the United States Supreme Court’s decision in Quill v. North Dakota that precluded states from requiring out-of-state retailers to collect and remit sales taxes on in-state sales. Quill does not prevent states from lodging a sales tax. But, it...
|Facebook Settles Derivative Lawsuit Challenging Outside Director Pay|
Lyle G. Ganske, Robert A. Profusek, Lizanne Thomas; Jones Day;
April 15, 2016, previously published on April 2016In settlement of a derivative lawsuit challenging compensation paid to Facebook's non-employee directors, Facebook agreed to submit its non-employee director compensation program, including specific equity grants, some historical grants, and retainer fees, to a vote of shareholders at its 2016...
|Iranians Hackers Targeted Control of New York Dam|
Sutherland Asbill Brennan LLP;
March 28, 2016, previously published on March 25, 2016The seven Iranian hackers that were indicted for conducting distributed denial of service attacks on banks also were charged with illegally accessing the supervisory control and data acquisition, or “SCADA,” system at a dam in New York State. This is reportedly the first time a breach...
|FCC Announces Broadband Privacy Proposal|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
March 22, 2016, previously published on March 15, 2016FCC Chairman Tom Wheeler has announced that a proposed rulemaking is being circulated among the Commissioners that would establish privacy and data security requirements applicable to providers of broadband Internet access service (BIAS). The Notice of Proposed Rulemaking (NPRM) itself will not be...