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Blue Pill/Red Pill: How Officers and Board Members Can Swallow the Red Pill and See the Real World of Cybersecurity

Trying to understand how a hacker thinks can twist your brain around – while you normally think about how to make something work or why something is not working, hackers think how to get something to work in ways that it is...more

The DOJ’s New Cyber Security Best Practices — Creating a Standard of Care?

On April 29, 2015, the U.S. Department of Justice Computer Crime and Intellectual Property Section (“DOJ”) issued version 1.0 of its “Best Practices for Victim Response and Reporting of Cyber Incidents.” It draws on “lessons...more

[Webinar] Compliance Agility: Managing Privacy in a Dynamic Environment - June 9, 1:00-2:00 pm Eastern

Privacy risk, legislation, and regulation is growing at an exponential rate. Organizations – themselves in constant states of change – are struggling to keep up and fearful because a single organizational change, be it...more

Economic Impact from a Company’s Data Breach – No Big Deal? Not So Fast!

Recent data breaches have prompted worries about economic damage to the infiltrated companies. Analyses in fact show minimal effects on stock prices or revenues of the hacked companies. But that may be only temporary comfort...more

Taking Control of Cybersecurity: A Practical Guide for Officers and Directors

Major cybersecurity attacks of increased sophistication — and calculated to maximize the reputational and financial damage caused to the corporate targets — are now commonplace. These attacks have catapulted cybersecurity to...more

SEC Releases Cybersecurity Guidance, Highlights Compliance Role

The SEC’s Division of Investment Management recently released cybersecurity guidance highlighting best practices and warning that cybersecurity breaches and deficiencies in cybersecurity programs could cause funds and...more

Spotlight on Responsibility and Accountability: OIG’s New Compliance Guidance for Health Care Governing Boards

On April 20, 2015, the Office of the Inspector General of the U.S. Department of Health and Human Resources (“OIG”), in collaboration with the American Health Lawyers Association, the Association of Healthcare Internal...more

SEC Updates Guidance on Cybersecurity

Emphasizing the critical importance of cybersecurity to registered investment companies (RICs), including insurance separate accounts and business development companies, and to investment advisers, the SEC’s Division of...more

Addressing Cybersecurity Oversight in Audit Committee Charters

Cybersecurity continues to emerge as a key risk that is attracting the attention of regulators and boards of directors. Companies take different approaches regarding how the board fulfills its oversight duty with respect to...more

Planning for Breach Notification Requirements in Your Customer Contracts

At the San Francisco “Exchange” Data Privacy and Cyber Security Forum on April 26, a spirited debate arose whether a federal breach notification law will/should be enacted to bring uniformity to the patchwork of breach...more

Into the Breach: Tips for Effectively Partnering With Outside Counsel in the Data Breach Planning Process

Target recently announced that the total cost of its data breach response efforts since late 2013 now exceeds $252 million (approximately $90 million of that has been offset by insurance proceeds). Such news, particularly...more

Cybersecurity Breach: Are Board Members at Risk?

It seems a month does not pass in which some sort of breach of confidential data of a business is not announced to the public. With the increase in cybersecurity breaches, so increases board members’ exposure to litigation...more

Reps. Burgess, Blackburn and Welch Release Data Breach Bill

On Thursday, March 12, 2015, House Energy & Commerce Subcommittee on Commerce, Manufacturing, and Trade Chairman Michael Burgess (R-TX), along with Reps. Marsha Blackburn (R-TN) and Peter Welch (D-VT), released draft text of...more

Customer Collaboration and Predictive Analytics Can Lead to Successful Product Manufacturing

Advanced manufacturing companies increasingly implement “Intellectual Property Plus,” an expanded view of IP assets and risks. Through this lens, companies incorporate customer expectations and preferences in new product...more

Calling All Boards of Directors: Four Recommendations from the SEC

SEC Commissioner Luis Aguilar recently spoke at the New York Stock Exchange Conference “Cyber Risks and the Boardroom.” In his speech, Commissioner Aguilar emphasized the importance of cybersecurity and how fast the need for...more

Cyber Risks for the Boardroom Part 3: Top Questions Directors Should be Asking about D&O Coverage

Our series “Cyber Risks – Director Liability and Potential Gaps in D&O Coverage” continues – Part 3 of 5: Top Questions Directors Should Be Asking About D&O Coverage Directors never want to be in the unenviable...more

Address Boardroom Confidentiality

Bill Ackman’s public disclosure earlier this year of confidential JC Penney board deliberations not only outraged his fellow directors but also stunned the corporate community. His actions, however, were not without...more

Top 10 Topics for Directors in 2014

Top 10 Topics for Directors in 2014 - U.S. public companies face a host of challenges as they enter 2014. Here is our list of hot topics for the boardroom in the coming year: 1. Oversee strategic planning amid...more

Corporate governance also means protecting your technology and information

Not a day passes without news of a data breach or cyber-attack on a company’s operations or a nation’s critical information infrastructure. Indeed, data security and operational risk are the top two concerns of public company...more

Flaming Worms, Stuxnets et autres Cyber Menaces – La Réponse de l’Union Européenne

Les médias n’ont de cesse de se faire l’écho d’attaques de botnet à l’assaut de Spamhaus, de flaming worms voleurs d’informations stratégiques au Moyen-Orient ou des dommages causés par Stuxnet, l’arme fatale capable de...more

Big Regulation’s Big Data

In March 2012, the Obama Administration announced its Big Data Research and Development Initiative. The program involves a total of over $200 million in new commitments from several departments and agencies to improve the...more

Cloud Storage Providers Storing Protected Health Information May Be Obligated to Comply with HIPAA Regulations

A recently issued government rule may unknowingly create significant liability and legal risk for many technology enterprises. The expanded definition of "business associates" and related interpretations by the Department of...more

BLG Monthly Update for April 2013

Bird deaths, contracts cases, Lindsay Lohan, IP and more in the BLG Monthly Update for April 2013...more

Missouri Uniform Trade Secrets Act Does Not Protect Customer Information Insufficiently Guarded or Which is not Truly "Trade...

In this case, a corporate successor, Central Trust Investment Company (hereafter also "Central Trust") sued the former employee (Kennedy) of its acquired company, Springfield Trust & Investment Company (hereafter also "STC"),...more

R (on the application of Prudential plc and another) v Special Commissioner of Income Tax

Privilege – Lawyers Only

The Supreme Court has given judgment in a long awaited case on whether or not legal advice given by accountants is privileged. The case is R (on the application of Prudential plc and another) (Appellants) v Special...more

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