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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

BIS Proposes Broad New Licensing Requirements for Exports Involving Cybersecurity Technology

In December 2013, members of the Wassenaar Arrangement, a group of 41 countries, which includes the United States, agreed to broaden its list of dual-use controls to include certain cybersecurity items. The new items added to...more

Dubai launches new design and e-commerce hubs

A cornerstone of Dubai's success in attracting businesses and encouraging growth across a diverse range of sectors has been the continued establishment of free zones. These special economic zones offer business-friendly...more

New York Issues Tax Advisory Opinion Regarding Cloud Computing Product

The new guidance addresses the New York sales and use tax treatment of cloud computing services. Background - On April 14, the New York State Department of Taxation and Finance (the Department) issued Advisory...more

Data Breach Insurance: Does Your Policy Have You Covered?

Recent developments in two closely watched cases suggest that companies that experience data breaches may not be able to get insurance coverage under standard commercial general liability (CGL) policies. CGLs typically...more

E-commerce delay in product delivery can be misleading

The Italian Competition Authority (AGCM) recently sanctioned three e-commerce operators for unfair commercial practices due to lack (or delay) in the delivery of products initially declared to be in stock and due to false...more

Federal Trade Commission Signals Intensified Focus on Security-By-Design and the Internet of Things With New Start with Security...

The Federal Trade Commission (FTC) recently launched a new Start with Security initiative that aims to provide businesses with resources, education and guidance on best practices for data security. Announced by FTC Consumer...more

Will Your Cyber Insurance Respond When You Need It Most?

On May 7, Columbia Casualty Company, an insurance company, filed one of the first lawsuits by an insurer seeking to deny coverage for a privacy class action under a cyber insurance policy. Why is this significant? As the...more

Five Takeaways from the First Cyber Insurance Case

On May 11, 2015, in a case that is being widely celebrated as one of the first coverage rulings involving a “cyber” insurance policy, a federal court ruled that Travelers has no duty to defend its insured in Travelers...more

“‘Say it ain’t so, bro!’” (Episode 14)

Previously we’ve discussed Hooli’s reverse engineering of Pied Piper’s technology and the threatened lawsuit for ownership of the technology. In Episode 14, Pied Piper faces a new threat: Endframe, a Pied Piper competitor,...more

Minnesota Phases Out State Lottery-Operated Online Games

Minnesota’s legislature recently passed a bill that bars the Minnesota Lottery from offering online games, following a four month transition period. Specifically, the new law bans the lottery director from offering “the play...more

Alert: European Commission Launches Digital Single Market Strategy with a Laundry List of Measures, Including Antitrust Sector...

On 6 May 2015, the European Commission (Commission) finally unveiled its plans for a wide range of measures designed to create a functioning Digital Single Market in the EU. Attention is therefore now switching to how the...more

Data breach coverage denial upheld by Connecticut Supreme Court

In a 3 page per curiam decision issued this week, the Connecticut Supreme Court upheld a lower court’s decision holding in Recall Total Information Management, Inc., et. al v. Federal Insurance Company, that Federal Insurance...more

April Brings Amendments to Washington and North Dakota Breach Notification Requirements

April saw amendments to Washington State's and North Dakota's breach notification statutes. In a prior Orrick Alert, we discussed some of the implications from the proposed data breach notification amendments in...more

Japan makes significant changes to Consumption Tax Act – steps for offshore e-commerce providers

Japan’s National Diet has passed an amendment to the Consumption Tax Act which includes several important changes that especially affect offshore providers of e-commerce services in Japan. Change in cross-border...more

OECD Discussion Draft on Cost Contribution Arrangements vs. US tax rules on Cost Sharing Arrangements: key comparisons

The OECD has released a Discussion Draft on Cost Contribution Arrangements (CCAs) as part of its ongoing activities related to eliminating Base Erosion and Profit Shifting (BEPS) by multinational enterprises. This...more

Connecticut Affirms Personal Injury Coverage for Data Breach Requires Actual Publication

As expected, the Connecticut Supreme Court has affirmed decisions by both the trial court and intermediate appellate court that personal injury liability coverage for a business’s data loss or theft requires publication as a...more

Guidance for Incident Response Plans  

Organizations are preparing for data incidents and breaches by developing, updating, implementing, and testing incident response plans. This article provides a checklist of key components of an incident response...more

Must the "Maker" of a False Statement have "Ultimate Authority" over that Statement to be Subject to Liability for Securities...

This case involved a civil enforcement action by the Securities and Exchange Commission (SEC) against certain public relations companies and their principals, alleging violations of—among other things—Section 17(a) of the...more

Choppy Seas for Companies Falsely Claiming Compliance with U.S.-EU Safe Harbor

Ensuring and maintaining compliance with the U.S.-EU Safe Harbor principles should be a priority for U.S. entities receiving personal data relating to EU residents, in no small part to avoid the FTC leveling the charge and...more

China Proposes New Restriction of Hazardous Substance (“RoHS”) Requirements for Electronics Manufacturers

Do you manufacture electrical and electronic products, parts or components? Do you manage manufacturing design for such products? Do you oversee Chinese suppliers manufacturing such products? If so, you need to follow...more

What The Nomi Case Could Mean For Retail Tracking

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

European Commission Takes on E-Commerce Sector

On May 6, 2015, the European Commission launched a competition inquiry into the e-commerce sector. This inquiry is one of 16 initiatives that the Commission announced for the creation of a Digital Single Market for Europe. As...more

Cyber Resilience for Financial Services Entities

In March this year, the Australian Securities and Investments Commission (ASIC), issued Report 429 Cyber resilience: Health check (REP 429). The report aims to highlight the importance of cyber resilience for entities...more

Client Update: Technology And Sourcing Update

POST BUDGET - What it means for digital innovation and emerging technology: The theme of the 2015 Budget encourages Australian Government entities to proactively reform the way they do business. Specifically,...more

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