Everyone Come to Play: Exploring FOCI Mitigation Instruments
Legal Alert | Wiretap Laws in the United States
The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
Episode 298 -- Electronics Communications Risks and Ephemeral Messaging
Compliant Business Communications Through Messaging Apps
Digital Issues for Individuals Working at Home (Digital Planning Podcast)
Employment Law Now IV-54- A Guest Discussion on 3 Significant Government Decisions
Discussion of PA’s Revised Uniform Fiduciary Access to Digital Assets Act
Podcast: Keeping Up with Recent Changes and Trends in Private Fund Regulation
[WEBINAR] The Public Records Act - Taming the Email Tiger
On April 8, the Office of the Comptroller of the Currency (OCC) officially notified Congress of a significant information security incident involving its email system. This notification, mandated by the Federal Information...more
The way we communicate has changed dramatically in recent years, with businesses and individuals moving from traditional email to cloud-based collaboration platforms like Microsoft Teams, Slack, WhatsApp, Skype, and Telegram....more
Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with...more
Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more
Companies frequently wish to record telephone conversations related to their operations, customers, or business transactions. In response, the U.S. Congress and most state legislatures have enacted statutes and regulations...more
Ransomware attacks that shut business down to zero and data breaches that disclose the personal information of customers, vendors and employees justifiably strike fear in the hearts of executives everywhere. Organizations can...more
Nelson Mullins invites you to the two-day webinar, Creating a Data Privacy & Security Playbook for 2024: An Overview of Compliance and Regulations, AI, and Data Breach Concerns, on Feb. 7 and 8 in honor of Privacy Day...more
Honestly, I have been avoiding this topic since it presents a real morass of risks and potential traps for the unwary company and Chief Compliance and Chief Legal Officers....more
Popular file transfer tool MOVEit’s recent data security vulnerability prompted many businesses to communicate, internally and externally, about the impact of the incident on its business. Originally published in Law360 -...more
Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more
As U.S. regulators and enforcement authorities alike become increasingly focused on corporate oversight practices of their employees' use of third-party messaging applications, including ephemeral messaging, companies should...more
As a number of recent headlines demonstrate, the U.S. Securities and Exchange Commission (SEC) and other regulators have fined and penalized employers and employees in the financial services industry for non-compliance with...more
In accordance to the current version of the proposed draft Electronic Communications Act (the "ECA") which replaces the existing Telecommunications Law and implements EU regulations with respect to Directive 2018/1972 of 11...more
This is the second in a series of updates addressing the bilateral data access agreement (Data Access Agreement or agreement) between the United States and the United Kingdom under the Clarifying Lawful Overseas Use of Data...more
Areas of interest include anonymisation, “recognised legitimate interests”, and the ICO’s role. The UK Data Protection and Digital Information Bill (the Bill) sets out the government’s proposals for reforming the current...more
As an ever-increasing amount of contract negotiation and execution is done online, new legal issues have arisen from such transactions. Consider the following scenario: You are a general/prime contractor. You have a...more
Retirement plans are increasingly subject to cybersecurity issues, and the U.S. Department of Labor (DOL) is taking notice. On April 14, 2021, the DOL published cybersecurity guidance “for plan sponsors, plan fiduciaries,...more
On March 10, 2021, the American Bar Association released new guidance for attorneys working remotely. While there has never been a distinction in the Model Rules for Professional Conduct between working in a brick-and-mortar...more
Legislation directing the National Institute of Standards and technology (“NIST”) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and their contractors recently...more
The Situation: On October 6, 2020, the Court of Justice of the European Union ("CJEU") held that the national security laws of the United Kingdom, France, and Belgium, which each require that providers of electronic...more
United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more
The results of recent Fenwick polling suggest that companies generally have insufficient remote-working security controls and data protection practices and are considering a variety of approaches to return-to-work safeguards....more
With offices shuttered and stay-home orders still in place across much of the country due to the COVID-19 pandemic, the task of providing legal services means working from home for nearly everyone, including attorneys and...more
Many law firms are quickly looking to incorporate video conferences into their law practice. No matter whether it is communicating with clients, potential clients, internally within the firm or for recruiting purposes, video...more
The Digital Planning Podcast is designed to educate individuals about all things digital in connection with estate planning, business planning and estate administration. Your hosts, Jennifer Zegel, Ross Bruch and Justin...more