Risk Management

United They Stand: Crisis Managers and In-House Attorneys

When legal departments work hand-in-hand with crisis management teams, a bad situation can more easily be kept from getting much […]

Back Off Business, Cybersecurity Is FTC’s Turf Now

A decision issued by U.S. District Judge Esther Salas in New Jersey paves the way for the FTC to seize the mantel as the top federal enforcement authority in the area of cybersecurity.

SEC Commissioner Aguilar Speaks on Cybersecurity Issues for the Boardroom

In a speech at the New York Stock Exchange, SEC Commissioner Luis A. Aguilar strongly urged directors to focus on the need for increased oversight of cyber-risks, and outlined steps directors should take immediately.

Don’t Forget To Close The Back Door: Vendor Management And Privacy

Companies that enter into a contract with a vendor that will access, use or disclose your customer or employee personal information should assume they are responsible for any unauthorized access to, use, or disclosure of that protected information, whether by the vendor or a third party.

GM Skewered For Abusing A Common Data Management Practice

Called “information life-cycle management” at GM, it was essentially a version of what most companies do to reduce the vast […]

California AG Issues New Privacy Policy and “Do Not Track” Compliance Guidelines, Announces Proactive Enforcement

California’s AG released guidelines for compliance with the recently amended California Online Privacy Protection Act, which has new data collection and Do Not Track disclosures. The AG plans to actively enforce operators’ compliance with CalOPPA, including through litigation.

SEC Requires Greater Disclosure of Cyber Events

Public companies may soon be required to file a Form 8-K with the SEC after experiencing a cybersecurity event.

Coverage From Cyber-Insurance Could Prove Thin

Cyber insurance demand is skyrocketing, but the difficulty of defining and quantifying damages means that companies suffering a breach will […]

GM Dealer Suing Auto-Maker Over Cars With Faulty Switches

A General Motors dealer in Arkansas is suing the auto-maker, claiming they have been saddled with “highly dangerous vehicles,” and […]

Using Corporate Bylaws and Charters to Set the Rules for Shareholder Litigation

In light of a recent Delaware Supreme Court decision that opened the door for the use of corporate “loser pays” bylaws to stifle some shareholder suits, public companies may want to amend their policies. But, warns Rich Kelly and A.W. Phinney III of Mintz Levin, boards considering such changes will want to think carefully about the reactions of institutional shareholders and shareholder representative organizations.