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Business Litigation Report - May 2017

Recent Decisions Regarding Discovery Scope and Proportionality Requirements Under New Federal Rules - Over the past eighteen months, federal courts have issued numerous important decisions clarifying the impact of the most...more

“If at First You Don’t Succeed…” - Shareholders Keep Trying to Sue D&Os for Data Security Breaches

by Locke Lord LLP on

Several high-profile lawsuits have been filed in recent years by shareholders seeking to hold corporate officers and directors liable for damage resulting from data security breaches. For example, directors and officers at...more

Failure to Explain Why Misappropriated Information is a Trade Secret May Lead to Dismissal of a DTSA Complaint With Prejudice

A recent decision in the Western District of Kentucky highlights the importance of explaining in a complaint under the Defend Trade Secrets Act why the allegedly misappropriated information qualifies for trade secret...more

Court Declines to Issue Seizure Order under Defend Trade Secrets Act

As we previously reported, the federal Defend Trade Secrets Act (DTSA) enacted last May includes a powerful ex parte seizure proceeding that allows courts in “extraordinary circumstances” to order the seizure of property...more

Timely Reminders to Avoid Inadvertent Tipping Liability

by King & Spalding on

Just in time for the annual season of work holiday parties and family gatherings, the United States Supreme Court unanimously confirmed that leaking material non-public information to a close relative who then trades in...more

Officers and Directors Spared Home Depot Data Breach Derivative Lawsuit

by Reed Smith on

Officers and directors may breathe a temporary sigh of relief following the recent dismissal of the Home Depot data breach derivative case. Others will look to the facts for guidance. The complaint alleging the board had...more

“Directors’ Decisions Must Be Reasonable, not Perfect” Home Depot’s Shareholder Derivative Litigation Arising from Data Breach...

by Morris James LLP on

On November 30, 2016, a federal district court dismissed a shareholder derivative complaint against various current and former directors of Home Depot arising from the well-publicized data breach the company suffered between...more

California Supreme Court Decision Could Allow for Greatly Expanded Personal Jurisdiction

by Latham & Watkins LLP on

The California Supreme Court’s recent opinion on specific jurisdiction may have far-reaching consequences for future actions brought in the state. In the recently published opinion in Bristol-Myers Squibb Co. v. Superior...more

How to Respond To Third Party (Non-Government) Civil Subpoenas And Document Requests That Ask For Personal Information

by Bryan Cave on

Litigants in a civil dispute often use subpoenas, subpoenas duces tecum, and discovery requests to obtain personal information about individuals who may not be present in the litigation. A request for documents and...more

E Pluribus Unum Is for eDiscovery Too

by Conduent on

The proliferation of data to the point of excess is a common refrain and problem for many organizations today. The scale to which data has grown recently has a direct correlation to eDiscovery – as organizations struggle to...more

Brexit: Preparing for the Unknown — Practical steps

by McGuireWoods LLP on

The UK’s new Prime Minister Theresa May has said: “The country voted to leave the European Union, and as prime minister I will make sure that we leave the European Union.” That seems like a clear statement, but the...more

U.S. Court for District of Minnesota Dismisses Target Data Breach Shareholder Derivative Suits

On July 7, 2016, the United States District Court for the District of Minnesota granted Target’s unopposed motion to dismiss the derivative actions filed by a number of shareholders against the company relating to the...more

Federal Judge Dismisses Target Directors from Data Breached Related Derivative Suit After Special Litigation Committee Recommends...

The hurdles for claims against directors for failed oversight in connection with data breaches continue to increase. On July 7, 2016, District of Minnesota Judge Paul Magnuson released derivative claims against top Target...more

Business and privacy law

by DLA Piper on

Recently a wealthy and high profile entertainer has gone all the way to the Supreme Court in a successful attempt to prevent publication of an account of their private life. The unnamed claimant was relying on basic human...more

Liability of Cloud-Based Service Provider For Data Breach

by Field Law on

Silverpop Systems provides digital marketing services through a cloud-based tool called ‘Engage’. Leading Market Technologies, Inc. (“LMT”) engaged Silverpop through a service agreement and during the course of that agreement...more

English court compels investigators to disclose information on data protection grounds

by White & Case LLP on

The High Court has ruled that a company conducting an investigation may be compelled to give effect to requests for information made under data protection legislation. The case serves as a stark reminder that data protection...more

Microsoft Sues Justice Department Claiming Statute That Authorizes “Gag Orders” Is Unconstitutional

by McGuireWoods LLP on

Adding to the number of recent, high-profile confrontations between the government and tech companies concerning the limits of government investigations and the protection of privacy interests, last week, Microsoft filed a...more

Think You Have Insurance Against Claims for Disclosure of Confidential Information? You May Want to Check Again

by Cole Schotz on

Are you relying on your insurance policy to cover unauthorized or unintended electronic disclosure of confidential information? If so, you may want to take a closer look at your policy with an eye towards objections to...more

Preparing Your Organization Today to Win Its Future (Possibly Inevitable) Cyber Lawsuit: Making Crown Jewels Out of Paper

One day in the not too distant future, your organization may be fighting to protect its balance sheet against high-stakes claims in a cyber tort trial. Arrayed against you will be the best of the class action plaintiff’s...more

It’s Not Just the Internet of Things Anymore

by Conduent on

Last year, there were an estimated 16 billion devices connected to the Internet, and predictions say that the number will rise as high as 30 billion devices by 2020. The Internet of Things (IoT) has gained publicity (or...more

Best Practices for Sharing Threat Indicators with the Government

by Bryan Cave on

After a security incident is identified organizations often consider whether to share information concerning the incident with government agencies. If the incident involved criminal conduct, federal law enforcement agencies –...more

Attorneys Are Not So Special After All: The FOIA and the Need for Specific Agenda Items

Generally, Connecticut’s Freedom of Information Act [“FOIA”] requires that a public agency preparing an agenda/posting for a meeting ensure that each agenda item is specific enough to apprise the public of the action...more

The Privilege of PR: Application of the Attorney-Client Privilege to Crisis Communications and Public Relations in Breach Response...

Cyber-attacks have become a matter of everyday reality for all businesses: regardless of industry or size, it is no longer if a data breach will happen, but when. And waiting for a breach to occur before designing and...more

Weltimmo v Hungarian DPA: Landmark Verdict on the Meaning of “Established”

by Locke Lord LLP on

In the case of Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság, the Court of Justice of the European Union (“CJEU”) handed down a landmark judgment in October 2015 on data protection legislation, tackling...more

Is Safe Harbor Still Safe? U.S. Companies Face Challenges Ahead on the EU Privacy Horizon

by Wilson Elser on

Pursuant to European Commission Decision 2000/520, United States–based companies may freely process the personal data of European Union citizens, provided that those companies adhere to the principles and frequently asked...more

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