Sensitive Business Information

News & Analysis as of

The Clock Has Started: What ISPs Need to Do and When to Comply with the FCC’s Broadband Privacy Rules

On December 2, 2016, the Federal Communications Commission (“FCC”) published its Report and Order entitled “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (the “Order”) as a final rule...more

Trade secret protection under President-elect Trump

Without question, US companies face a growing and daily threat from rival companies and foreign governments. Thieves operating in cyberspace and using sophisticated technologies can quickly steal and transfer massive...more

National security reviews: A global perspective — France

Following the Montebourg Decree in 2014, the scope of activities covered by national security reviews has been significantly extended to several key industries. The Bureau Multicom 2, which is located within the Ministry...more

Edward Snowden, Chelsey Manning and the Human Dimension of Information Security. Kate Bischoff Explains

Kate Bischoff worked for the State Department in the Middle East during the Edward Snowden and Chelsey Manning scandals. Kate also conducted training for the State Department for employees on information security. Kate...more

EU Final Legislation on Requirements for Firms to Hold Information on Financial Contracts

A Commission Delegated Regulation outlining Regulatory Technical Standards specifying the information on financial contracts that a firm may be required to maintain was published in the Official Journal of the European...more

Third-Party Risk Management – Part 2: Contract Termination

This second part of the series will take a look at the last phase in the lifecycle of third-party business relationship and that is contract termination. This is a phase a lot of times overlooked....more

Cybersecurity Risks to the Manufacturing Sector

The 2016 Manufacturing Report by Sikich finds that there has been a progressive growth in cyber-attacks in the manufacturing sector. This is consistent with the most recent IBM /X-Force Research 2016 Cyber Security...more

DOJ Continues to Monitor Interlocking Corporate Directorates with Restructuring of Tullett Prebon’s Acquisition of ICAP

On July 14, 2016, the US Department of Justice (DOJ) announced that the restructuring of a planned $1.5 billion transaction between Tullett Prebon Group Ltd. (Tullett Prebon) and ICAP plc adequately addresses the DOJ’s...more

Three Tips to Verify the Security of Your E-Discovery Software

SOC 2® Type 2 Certification and Zapproved–Building Trust and Confidence that Your Data is Secure - Today in e-discovery, it should be no surprise that cyber security is a rising concern among corporate leaders and that...more

Amended Rule 26: Protecting Against Competitively Sensitive Disclosures

Hundreds of billions of business e-mails are sent per day. That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome. Even the mention of the phrase...more

Recent Decision Highlights Important Pleading Requirements for Computer Fraud and Abuse Act Claims

Ever since Iqbal and Twombly, it has become imperative that a complaint filed in federal court contains “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v....more

CFTC Approves NFA Interpretive Notice on Information Systems Security Programs, Including Cybersecurity Guidance

The CFTC recently approved the National Futures Association’s interpretive notice (the “Cybersecurity Notice”) on the general requirements that members should implement for their information systems security programs...more

The NLRB Expands Its Reach in the Non-Union Workplace

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of...more

Business information and data processing: tidbits on the draft Code of Conduct

On March 11, 2015 the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Italian DPA“) initiated a public consultation on the draft Code of Conduct concerning the processing of personal data...more

Protect Your Stuff

From Day One, a start-up company needs to protect its technology and its branding, and to budget for that protection. Some suggested steps follow, many of which require little or no direct, out-of-pocket expense....more

Privacy Top Ten: Things You Think You Know About Privacy – But Don’t!

Whether a start–up or a listed ASX company, your business opportunities are increasingly on–line and/or overseas. At last count over 80 countries have adopted data privacy laws and Australia’s new Australian Privacy...more

Twas the Night Before Christmas -- Non-Compete Style

Twas the night before Christmas, when all through the company; A disgruntled employee kept saying “please jump with me.” She was trying to line up a grand, mass departure; Of which she was certain no one could...more

Protecting Trade Secrets In Germany

As Europe’s largest economy, one might expect Germany to provide robust protection of intellectual property assets such as trade secrets....more

Say What? Terminated Employees ‘Own’ Their LinkedIn Accounts (and the Company’s Trade Secrets)?

Companies are getting a big surprise these days: Employees are leaving with their LinkedIn accounts and the company’s proprietary list of business contacts. LinkedIn is a well-known, business-oriented social media website...more

Private-Sector Employers: Updating Your Social Media Policies - BB&K's Joseph Ortiz Writes About the Ever-Evolving Regulations...

Most companies focus their social media policies almost entirely on listing the things the employer finds unacceptable to post and share: - Avoid defamation, obscenities or other inappropriate content. - Never...more

New Texas Statute Provides Businesses With Added Protection for Their Trade Secrets

It is 4:00 p.m. on a Friday afternoon. You just learned that your top-performing salesman resigned his position to accept employment with a direct competitor. You quickly locate the salesman’s personnel file to determine...more

U.S. International Trade Commission Publishes Rules of General Application and Adjudication and Enforcement Effective May 20, 2013

On April 19, 2013, the U.S. International Trade Commission (“Commission”) published final Rules of General Application and Adjudication and Enforcement (78 Fed. Reg. 23474-82), which become effective on May 20, 2013. The...more

Recent Federal Court Rulings Reaffirm Broad Supersession of Common Law Claims under California's Uniform Trade Secrets Act

Last month, two federal district courts reaffirmed that litigants may not plead around California's Uniform Trade Secrets Act (UTSA) by alleging common law tort claims said to protect business information that does not...more

California Introduces “Right to Know” Privacy Law, Seeking to Increase Transparency

California Assembly Member Bonnie Lowenthal recently introduced the “Right to Know Act of 2013” (AB1291) in the California State Assembly. If passed, this legislation would allow U.S. consumers unprecedented access to...more

Does The Alabama Trade Secrets Act Limit Remedies For Theft Of Information?

Alabama enacted the Alabama Trade Secrets Act (the “ATSA”) in 1987. However, since that time, there have been relatively few reported court decisions analyzing the impact of the ATSA on common law claims. A federal district...more

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