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|Cyber Risks for the Boardroom Part 3: Top Questions Directors Should be Asking about D&O Coverage|
Danny Harary, Heidi A. Lawson; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 13, 2014, previously published on May 7, 2014Directors never want to be in the unenviable position of having to seek coverage under their D&O policy. Nevertheless the D&O policy is an indispensable corporate expense, particularly in the case of public companies, where exposures can be much higher. Especially today, when companies are...
|SEC Cybersecurity Initiative: Five Steps ALL Broker-Dealers and Investment Advisers Should be Taking|
Cynthia J. Larose, Breton Leone-Quick, A. W. "Chip" Phinney, Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 13, 2014, previously published on May 6, 2014Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative. What does this mean to broker-dealers and investment advisers and, even if you are not one of the “chosen...
|Cybersecurity: A Growing Concern for the Utility Industry|
McDonald Hopkins LLC;
May 13, 2014, previously published on May 6, 2014The scope of the cybersecurity threat is large and continues to grow for the utility industry. After the well-publicized data breach of Target's credit card system, companies of all sizes and variety need to make cybersecurity a top priority. Protection of customer and employee information is...
|Data Privacy Alert: Prepare for Changes to the US-EU Safe Harbor|
Neil Ray; Sheppard, Mullin, Richter & Hampton LLP;
May 12, 2014, previously published on May 1, 2014In the aftermath of disclosures of the extent of U.S. government monitoring of private communications, the European Commission is currently considering changes in the U.S.-EU Safe Harbor framework. The EU and its member states already have some of the strictest data privacy laws in the world. Under...
|Canada’s Anti-Spam Legislation: Are You Prepared?|
Chad Matheson; Cassels Brock & Blackwell LLP;
May 12, 2014, previously published on May 2, 2014On July 1, 2014, certain provisions of Canada’s Anti-Spam legislation (“CASL”) will come into force and govern how businesses can communicate with Canadian recipients. Given its scope, CASL is considered to be one of the most stringent commercial electronic messaging laws in the...
|White House Issues Two Big Data Reports; Florida Legislature Passes Revamped Breach Notification Law|
Chanley T. Howell, James R. Kalyvas, Steven M. Millendorf, Michael R. Overly; Foley & Lardner LLP;
May 6, 2014, previously published on May 2, 2014Yesterday, May 1, was a big day for privacy in the news. The White House issued 2 reports on the privacy implications of Big Data, and the Florida legislature overhauled the state’s security breach notification law, strengthening and adding several new requirements relating to data security...
|Proposed California Legislation Would Limit and Possibly Punish Non-Disparagement Clauses in Online Consumer Contracts|
Tenaya Rodewald; Sheppard, Mullin, Richter & Hampton LLP;
April 30, 2014, previously published on April 28, 2014On Tuesday, April, 22, the California Assembly Judiciary Committee voted 10-0 to approve a so-called “Yelp bill” that would prohibit companies from suppressing negative consumer reviews through the use of “non-disparagement clauses” in contracts with consumers. Such clauses...
|FTC Offers Guidance on Social Media Contests|
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
April 30, 2014, previously published on April 28, 2014In a recent (March 20, 2014) letter, the Federal Trade Commission (FTC) offered guidance as to the factors to consider in evaluating whether entry into a contest on a social media site is a form of material connection requiring disclosure under the FTC Endorsement Guidelines. At issue before the...
|Hong Kong Court Calls for Proactive Measures Against Shadow Companies|
Gabriela Kennedy, Eugene I. Low; Mayer Brown JSM;
April 30, 2014, previously published on April 29, 2014On 18 April, China’s Ministry of Commerce (MOFCOM) introduced a trial framework for the notification of simple concentrations or mergers. The Guidelines on the Notification of Simple Cases of Concentrations of Undertakings (Simplified Notification Guidelines) establish a procedural structure...
|Wisconsin Limits Employers’ Access to Personal Social Media Accounts of Employees, Job Applicants|
Jackson Lewis P.C.;
April 24, 2014, previously published on April 17, 2014Adopting restrictions on employers’ ability to access the social media accounts of employees and job applicants, Wisconsin has joined 12 other states with similar restrictions.