Digital Assets

News & Analysis as of

Your Confidential Employment Information Is Safe Under Tennessee's Uniform Fiduciary Access to Digital Assets Act

On July 1, 2016, Tennessee’s Revised Uniform Fiduciary Access to Digital Assets Act went into effect.  The Act grants fiduciaries authority to access a decedent’s digital assets.  As a result, executors, trustees, powers of...more

Wealth Management Update - June 2016

June Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts The June § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs...more

New Florida Law Facilitates Access to and Management of a Person's "Digital Estate" After Death

A new Florida law facilitates access to and succession of a person's "digital assets" (that is, electronic records that may include photos stored on online servers, email and online bank accounts) through appointed...more

Digital assets…Coming soon to a state near you!

In the hours leading up to the legislature’s constitutional adjournment deadline of midnight on May 4, the Connecticut State Senate passed House Bill 5606, the “Connecticut Revised Uniform Fiduciary Access to Digital Assets...more

Trusts and Estates Group News: Estate Planning Enters the Digital Age

One reality of modern life is our increasing reliance on digital information and services. It’s difficult to take and then order prints of photographs, accumulate travel rewards, book travel, sort through financial records,...more

Blockchain Basics: A Primer - Blockchain, the technology underlying the cryptocurrency Bitcoin, is poised to revolutionize how all...

You have probably heard of Bitcoin, a peer-to-peer, non-governmental currency. Bitcoin is the first money that is its own payment system. That is, no bank, money transmitter or intermediary of any kind is required to clear...more

Estate Planning, Wills and Trusts: Importance of Considering the Internet and “Digital Assets” in Estate Planning

“Forgot your ID or password?” Everyone using the Internet has probably been asked and answered “Yes” to this question. That usually means having to take the time to answer more questions or search for...more

Is Data Really a “Toxic” Asset?

In his “Data Is a Toxic Asset” blog post, Bruce Schneier argues that data is a toxic asset and that the lesson all the recent data breaches are teaching us is that storing this asset is “dangerous,” because it makes companies...more

Keying into your digital assets: Revise your estate plan to account for online documents

In the not-so-distant past, one likely kept copies of vital estate planning documents locked in a fire-resistant vault or file cabinet, with copies at an attorney’s office. However, in this digital age, it’s more likely that...more

Insight on Estate Planning - April/May 2016

Have you addressed elderly parents in your estate plan? Typically, an estate plan includes accommodations for your spouse, children, grandchildren and even future generations. But some members of the family can be...more

Information Security and Privacy Group News: Cybersecurity Conference Essential Take-Aways Government, Industry and Legal...

Representatives of Connecticut businesses and corporations, educational institutions, and state and local government attended Murtha Cullina’s March 2016 Cybersecurity Conference at the Quinnipiac University School of Law....more

Revised Uniform Fiduciary Access to Digital Accounts Act Adopted by Four States

With the shift from traditional hard copy paper documents towards electronic records stored Cloud Computing-based software and services (e.g., iCloud, Dropbox, Google Drive, etc.), access to and use of digital assets by...more

Oregon and Wyoming enact model digital assets law

Although numerous states have studied and introduced legislation adopting the Uniform Fiduciary Access to Digital Accounts Act, only three have adopted it thus far. The first was Delaware, which adopted the model digital...more

Fiduciary Access to Digital Assets and Accounts: Revised Model Statute Adopted in Oregon

Oregon became the first state to adopt the Revised Uniform Fiduciary Access to Digital Assets Act (“Revised UFADAA”) when Governor Kate Brown signed Oregon Senate Bill 1554 into law on March 3, 2016.  The law will become...more

Privacy + Estate Planning = Handling Your Digital Assets After You Die

The recently-proposed Revised Uniform Fiduciary Access to Digital Assets Act (“Revised UFADAA”) is a potential solution to a problem that most of us eventually will face: how will our digital assets be accessed and used (or...more

New Year Trademark Audit: A Time for Reflection and Renewal

The start of a new year is a natural time to audit your company's brand assets to make sure they are being appropriately used and protected. These audits can take different forms, but the core analysis involves a review of...more

MarkIt to MarketTM - January 2016

The January issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses best practices for companies seeking to refresh or rebrand in 2016, outlines the top three considerations for companies conducting a...more

Digital Assets Bill Heading to Florida Senate Floor

We previously told you about the Uniform Fiduciary Access to Digital Assets Act (“UFADAA”) in our post found here. Now, Florida may become the 10th state to legislate fiduciary access to digital assets....more

Privacy Tip #10 – What are digital assets and why should I care?

Your digital life and assets can include online music, photos, social media accounts, gaming winnings, and the like. But most of us don’t look at these items as assets that we should think about and plan for when we pass...more

Alert: Estate Planning for Digital Assets

Do you have a personal laptop computer, iPad, iPhone or other personal electronic device requiring an access password? Who, besides you, has that information? If something happens to you, how will your information be...more

PRIVACY POLICIES AND THE SALE OF CORPORATE ASSETS: It pays to plan ahead to preserve the value of your data assets

Personal data is a valuable corporate asset. At times, the personal information collected from customers (such as email address, mailing address, phone number, etc.) can be a company’s most valuable asset. Unfortunately,...more

Orrick's Financial Industry Week in Review

EBA Updates Single Rulebook Q&As - On October 16, 2015, the European Banking Authority (EBA) updated its Q&As on the single rulebook, publishing four new questions. The single rulebook Q&As relate to the CRD IV package...more

Do You Know Your IP Rights In Your Imagery and Other Data Products?

Two recent court cases highlight the need for businesses to carefully consider the intellectual property rights associated with building data products and services. This issue is of growing importance as companies...more

Five Drivers of E-Discovery in the APAC Region

In last week’s blog, we discussed developing trends in e-discovery law in the Asia-Pacific region. This week, we explore five trends that will continue to spur the growth of e-discovery in this region over the next few years....more

Cyber Risk Governance in the Digital Age

It has taken a while for companies to realize the value of digital assets, and it is also taking a while for companies to digest the significance of digital risks. In the digital economy, virtually all aspects of business...more

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