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|Proposed Federal Cybersecurity Legislation: A New Landscape for Regulation of Data Security and Security Breach Notifications|
Marcus A. Asner, James D. Flynn, Ronald D. Lee, Nancy L. Perkins; Arnold & Porter LLP;
October 6, 2011, previously published on October 2011Recent high-profile data security breaches at the International Monetary Fund, Pentagon and US Senate, and companies like Google, Sony, and RSA—to name a few—have elevated concerns about vulnerabilities in the nation’s cybersecurity in both the public and private sectors....
|Cyber Security of Consumers’ Financial Information|
Dru Roscoe; Cole Scott Kissane P.A.;
September 28, 2011, previously published on September 27, 2011With the rapid growth of the use of technology in business comes great risk to consumers private information, and a concomitant risk to many of the businesses that are charged with the protection of that private information. In recent years, the Federal Government has enacted regulations, albeit...
|FCC Issues Additional Information Regarding November 9, 2011 Nationwide EAS Test and Extends Cap Compliance Deadline until June 30, 2012|
Lerman Senter PLLC;
September 26, 2011, previously published on September 21, 2011The FCC’s Public Safety and Homeland Security Bureau (“Public Safety Bureau”) has issued additional information about the first nationwide test of the Emergency Alert System (“EAS”), which will occur at 2:00 p.m. EST on November 9, 2011 and last for approximately three...
|New .xxx Domain Names - Opportunity to Safeguard Your Trademarks|
Christopher D. Erickson; Tonkon Torp LLP;
September 22, 2011, previously published on September 19, 2011After many years of debate, the new sponsored top-level domain ("TLD") .xxx has been approved. The .xxx TLD is targeted at the adult entertainment industry.
|The Contract Does Not Always Protect the Alarm Company|
John C. De Koker, Philip Reed Kujawa; Hinshaw & Culbertson LLP;
September 21, 2011, previously published on September 16, 2011 A recent U.S. Court of Appeals for the Eighth Circuit decision involving Minnesota law illustrates the difficulty that courts face when asked to enforce exculpatory clauses in situations where an alarm company has violated and disregarded its own policies. Gage v. HSM Electronic Protection Services...
|U.S. Export Control Reform|
Joseph D. Gustavus; Miller, Canfield, Paddock and Stone, P.L.C.;
August 25, 2011, previously published on August 22, 2011On July 15, 2011, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a proposed rule: Control of Items the President Determines No Longer Warrant Control under the United States Munitions List (USML) (Proposed Rule). The Proposed Rule is the next significant...
|Courts Consider Illegality of Fines Imposed On Banks by Police|
Eduardo Maffia Queiroz Nobre, Patrícia Rios Salles de Oliveira; Leite, Tosto e Barros Advogados;
July 28, 2011, previously published by ILO - International Law OfficeThe Federal Police Department - a body of the Ministry of Justice - stipulates, among its major institutional actions, the monitoring of financial institutions and private security companies, particularly in regard to security services provided in bank branches.
|Introduction of the Personal Data Protection Law|
Elaine Lee; Lee Tsai Partners;
July 8, 2011On May 26, 2010, the President promulgated the newly amended Personal Data Protection Law (hereinafter, the ┐PDPA┐), which was previously known as the current Computer Processed Personal Data Protection Law (hereinafter, the ┐CPDPA┐). The application scope of the PDPA, just as its name implies,...
|Cost Alone May Justify Discrimination|
Anna Byford, Alex Denny, Victoria Pengelly; Faegre & Benson LLP;
July 6, 2011, previously published on June 30, 2011An opinion of the EAT in Cherfi v G4S Security Services UKEAT/0379/10 suggests that there are circumstances in which an employer can rely on cost alone to justify an indirectly discriminatory policy.
|SEC Proposes Business Conduct Standards for Security-Based Swap Dealers and Major Security-Based Swap Participants|
Sutherland Asbill Brennan LLP;
July 5, 2011, previously published on June 30, 2011Yesterday the Securities and Exchange Commission (SEC) proposed rules to establish business conduct standards for security-based swap dealers and major security-based swap participants (Proposed Rules), as mandated by Section 764 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the...