From the Experts

Four Pitfalls to Avoid in a Cyberinsurance Policy

By Stephen T. Raptis |

As more and more companies enter the burgeoning cyberinsurance marketplace, they often ask policyholder counsel like me how they can choose the best cyberpolicy when confronted with so many choices. When the marketplace was still in its infancy just a few years ago, this was a considerably harder question because the policy forms, including the scope of first party and liability coverages being offered by different insurers, varied so drastically.

Making Smart Settlements When Insurance Is Involved

By Catherine Serafin |

If your company is sued, and insurance coverage is involved, settling both the claim against you (the underlying claim) and your insurance claim can get complicated. If you are not careful, a settlement of the underlying claim can adversely affect your insurance coverage, as can settling with fewer than all insurers where more than one policy provides coverage for a claim. Here are some common settlement scenarios and practical tips to help policyholders make smart settlements to maximize existing insurance coverage.

U.S. Federal Trade Commission building.

Why a Surgical Divestiture May Not Be Enough

By Jon B. Dubrow and Gregory E. Heltzer |

Some business people think that if a competition issue arises in a transaction it can be resolved by a surgical divestiture or other remedy. Proceeding with a deal based on that assumption creates significant business risk. Recently, there have been many high-profile transactions in which the government and courts rejected the remedy offered by the merging parties. Those deals were blocked by the Federal Trade Commission (FTC) or the Department of Justice (collectively, the agencies) and/or the courts, and in some cases resulted in multi-billion-dollar breakup fees.

Statutory Damages: The Future of Cybersecurity Litigation

By Thomas G. Rohback and Patricia M. Carreiro |

After 'Spokeo', some courts took the decision to be an exclamation point on their continuing dismissals of cases for lack of standing where there hasn’t been concrete harm. Other courts, however, recognized the subtle but significant distinction raised by 'Spokeo' where a claim is based on a statute providing a private cause of action and a remedy of statutory damages for a violation.

Brian Finch is the co-lead of Pillsbury Winthrop Shaw Pittman’s cybersecurity team.

Should Your General Counsel Worry About Wikileaks?

By Brian Finch, Pillsbury Winthrop Shaw Pittman |

Perhaps the best way to describe the latest CIA-hacking revelations from Wikileaks is this: extraordinarily unsurprising. Spy agencies after all are tasked with, well, spying.

Creating a Legal Event Team

By Brian E. Schrader and Barry Schwartz |

A well-designed and well-managed Legal Event Team can ensure not only that an organization isn’t consumed with litigation activities, but more importantly, can provide the best and most powerful defense against the types of problems that can lead to sanctions, bad publicity, and other adverse events.

U.S. Patent & Trademark Office

Patent Owners Face Increased Fraud Liability Risk

By Michael R. Fleming, Glenn K. Vanzura and William K. Briggs |

New legislative and court-driven developments in patent law have increased the risk of securities fraud liability for public company patent owners. Such patent owners and their securities counsel are therefore best advised to understand these developments, their intersection with securities law, and how they may affect some public disclosures.

Why Uber Became a Key Architect in a Patent Protection Network

By Michael Meehan |

Patent troll lawsuits are bad for business and bad for innovation, which is why Uber, along with a number of other prominent technology companies, decided it was time to take action.

'Protected Activity' Continues to Broaden Under SOX

By Kirsten M. Grossman and Jennifer Levanchy |

Although many attorneys representing plaintiffs with retaliation claims are still not familiar with the whistleblower protections afforded by the Sarbanes-Oxley Act of 2002 (SOX), whistleblower claims under it continue to be on the rise. Plaintiffs attorneys are catching on quickly, especially given the trend toward broadening the scope of whistleblower protections under SOX in favor of employees.

Michele C.S. Lange, director of thought leadership and industry relations for KrolLDiscovery

5 Mistakes In-House Counsel Make When Encountering Proportionality

By Michele Lange, KrolLDiscovery |

While the concept seems simple enough, the proportionality component received a great deal of attention last year, for good reason: It can be complicated to apply. Here are five common mistakes that in-house counsel should look for that frequently appeared in ediscovery case law in 2016.

Early Mistakes In An Internal Investigation Can Be Very Costly—Here’s How To Avoid Them

By Charles Hastie and Jake McQuitty |

The beginning can be the most stressful and perilous phase in an investigation, especially one you are faced with a "live" concern involving allegations of misconduct that is serious, ongoing and unchecked.

Technology

Understanding Emerging Legal Technology and How Lawyers Will Use It

By Kathryn DeBord |

"Legal tech" is the legal industry buzz phrase of 2017. It's come to embody the future of the profession for attorneys and firm management across a spectrum of practice areas. The practice of law, however, has a decidedly different history than other more entrepreneurial businesses that are being transformed by technology. Legal industry business historically approaches change in moderation, reflecting lawyers' responsibility to respect historical norms and precedents

What Should Be in Your Ransomware Response Plan?

By Paul Bond and Kimberly Chow |

Implementing a ransomware response plan can reduce the risk to directors and officers should they need to make that serious choice. These are the elements of such a plan.

Achieving Information Governance Enforcement: Ensure Policies Aren’t Left to Collect Dust

By T. Sean Kelly |

Review some best practices that will enable your company’s information governance stakeholders to achieve long-term policy enforcement.

5 Things GCs Should Know About Litigation Finance

By Travis Lenkner, Burford Capital |

A broader understanding reveals at least five reasons why litigation finance can become a relevant tool for in-house counsel in various corporate circumstances.

Achieving Information Governance Enforcement: Engagement, Enablement and the Change Journey

By T. Sean Kelly |

Review some guiding steps that will allow information governance teams to build enforcement into policies from the ground up.

Joint Employment Tests Are All Wrong, Says Federal Appeals Court

By Todd H. Lebowitz, BakerHostetler |

In a landmark Fair Labor Standards Act (FLSA) decision issued in late January, the Fourth Circuit adopted a more liberal test than NLRB's Browning-Ferris decision.

Music note on computer chip, mp3

Privacy Laws and Listener Data in the Music Industry

By Adrian J. Perry and Sari Sharoni |

Listener preference data is a valuable resource in the music industry. It can drive the way music is commoditized, consumed and promoted. It can drive how concert tours are routed. It can drive which artists and songwriters are signed and which are left to toil away in obscurity. It can drive the dollar value of recording and publishing agreements for artists and songwriters that do get signed.

Irrigation Firm’s Trademark Hopes Go Down the Drain

By Scott J. Slavick |

Blame it on the rain? A Tennessee irrigation company might well sing that tune after the rejection of its recent trademark application on a term found to be descriptive.