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|Social Media: The Ethical Obstacle Course for You and Your Lawyer|
Rachel Lowes; Rumberger, Kirk & Caldwell Professional Association;
December 18, 2014Sophisticated social media sites and “apps” like Facebook, Twitter, Vine, Instagram, Tumblr, LinkedIn, and Foursquare often blur the lines of ethics and legality by giving opposing parties and counsel access to details of the lives of unsuspecting parties, witnesses, other lawyers,...
|CFPB Permits Online Posting of Annual Privacy Notices|
Michael R. Butowsky, Lisa M. Ledbetter, Todd S. McClelland, Stephen J. Obie, Mauricio F. Paez; Jones Day;
December 16, 2014, previously published on November 2014The Consumer Financial Protection Bureau ("CFPB") recently adopted a final rule that under certain conditions provides financial institutions it regulates with the option of posting annual consumer privacy notices online rather than mailing paper copies to customers (the "Privacy...
|FDA Voices Privacy Concerns and Promotes Medical Device Cybersecurity with New Guidance, Collaborative Information-Sharing|
Laurie A. Clarke, Alexis Slagle Gilroy, Colleen Heisey, Kevin D. Lyles, Mauricio F. Paez; Jones Day;
December 16, 2014, previously published on November 2014Cybersecurity of medical devices poses unique challenges for industry and regulators, because of potential risks in device malfunction, disruption of medical care, and compromised patient data, as well as the challenge of balancing countervailing needs, such as patient safety and ensuring that...
|Luxembourg Leaks: Potential Risks to Companies Whose Luxembourg Tax Rulings Have Been Released to the Public|
Lodewijk P.W. Berger, Thomas Jestaedt, Scott M. Levine, Howard M. Liebman, Raymond J. Wiacek; Jones Day;
December 16, 2014, previously published on November 2014This week, the so-called "International Consortium of Investigative Journalists" ("ICIJ"), on its website, leaked a total of 548 tax rulings that multinational companies obtained in Luxembourg in the period from 2002 to 2010.
|Recent Dismissal Of Derivative Suit Demonstrates That Directors Must Focus Their Attention On CyberSecurity|
Travis P. Brennan, Marc J. Schneider; Stradling Yocca Carlson & Rauth A Professional Corporation;
December 12, 2014, previously published on November 2014With the increasing sophistication and variety of cyber-attacks, directors of companies holding sensitive customer information or trade secrets cannot be complacent about cyber security risk management and compliance. A recent decision in U.S. District Court dismissing a shareholder derivative suit...
|Southern Stipulation: Tennessee and South Carolina Agree Cloud Collaboration is Taxable Communication|
Charles C. Kearns, Jessica L. Kerner; Sutherland Asbill & Brennan LLP;
December 12, 2014, previously published on November 26, 2014In what appears to be the latest in a series of conflicting rulings issued to the same company from at least seven other states, Tennessee and South Carolina have rendered their own opinions addressing the application of sales tax to cloud collaboration service.
|TRUSTe Settles Allegations of Deceptive Privacy Seal Compliance Representations|
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
December 10, 2014, previously published on November 19, 2014TRUSTe, Inc. has settled with the Federal Trade Commission (FTC) allegations that it misrepresented its recertification procedures for reviewing company privacy practices and allowed its customers to misrepresent TRUSTe as a non-profit.
|New Jersey District Court Rejects Shareholder Derivative Action Based on Cybersecurity Breach|
Kyle Evans Gay, Lewis H. Lazarus; Morris James LLP;
December 8, 2014, previously published on November 18, 2014In Palkon v. Holmes, C.A. No. 2:14-CV-01234 (SRC) (October 20, 2014), the United States District Court for the District of New Jersey dismissed with prejudice a shareholder derivative action arising from three distinct breaches of Wyndham Worldwide Corporation (“Wyndham”). The Court...
|Cyber-Breach & NISPOM Conforming Change 2 - It’s What’s on the Inside That Counts|
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
December 5, 2014, previously published on November 21, 2014Most companies are worried about external threats - things that are coming at their people, their group, their company, their government, all from an outside actor. Like government’s with an eye on counter-intelligence, however, savvy businesses also realize that their employees can also pose...
|Alberta’s Personal Information Protection Act: Supreme Court Grants Time Extension to Alberta Government to Make Amendments|
Craig Brusnyk, Tamara L. Hunter, Matylda Makulska; Davis LLP;
December 3, 2014, previously published on November 10, 2014On November 15, 2013, the Supreme Court of Canada unanimously held that Alberta’s Personal Information Protection Act (“PIPA”) infringed on the right of freedom of expression in the Canadian Charter of Rights and Freedoms by limiting the ability of labour unions to videotape and...