Basics of insurance coverage and evolving issues surrounding cyber, data breaches, and a big picture overview of how it impacts businesses and the lawyers advising them.
Is your law firm technologically competent?
As the practice of law evolves—and as modern technology becomes ever more prevalent in society—legal professionals have an ever-increasing responsibility to be technologically competent.
It’s vital—and, in the majority of U.S. states, it is now an ethical duty—for lawyers to understand the benefits and risks that technology poses for themselves, their law firms, and their clients.
Join Bob Ambrogi, lawyer and founder of the LawSites blog, and Joshua Lenon, Clio’s Lawyer in Residence, to hear their expert perspective on this deeply important topic.
In this CLE-eligible webinar, you’ll learn:
What it means to be tech competent, and why it’s so important
Strategies for developing technological competence in your practice
How legal tech software and resources make it easier than ever for lawyers to keep up with the times
https://landing.clio.com/understanding-legal-technology-competence.html
Bradley's panel reacts to and addresses a hypothetical cyber incident involving a widespread compromise of consumer healthcare and financial information. Amy Leopard (Healthcare), Mike Pennington (Litigation), John Goodman (Litigation), Elena Lovoy (Financial Services), and moderator Paige Boshell (Intellectual Property, Financial Services) will offer legal and practical strategies to proactively respond to and resolve a specified data breach. Highlights will include customer notice strategies, attorney-client privilege and litigation avoidance strategies, and coordination with third parties, including external PR and forensic investigators, vendors, regulators, and law enforcement.
Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know Abo...Diana Maier
No matter what kind of law practice you have, you need to comply with privacy laws generally and lawyers' ethical duties with respect to privacy, specifically. In this presentation, legal ethics counsel Sarah Banola (Cooper, White and Cooper, LLP) and employment and privacy attorney Diana Maier (Law Offices of Diana Maier) deliver a primer on privacy law and teach you the key areas of privacy law and associated ethical obligations.
Basics of insurance coverage and evolving issues surrounding cyber, data breaches, and a big picture overview of how it impacts businesses and the lawyers advising them.
Is your law firm technologically competent?
As the practice of law evolves—and as modern technology becomes ever more prevalent in society—legal professionals have an ever-increasing responsibility to be technologically competent.
It’s vital—and, in the majority of U.S. states, it is now an ethical duty—for lawyers to understand the benefits and risks that technology poses for themselves, their law firms, and their clients.
Join Bob Ambrogi, lawyer and founder of the LawSites blog, and Joshua Lenon, Clio’s Lawyer in Residence, to hear their expert perspective on this deeply important topic.
In this CLE-eligible webinar, you’ll learn:
What it means to be tech competent, and why it’s so important
Strategies for developing technological competence in your practice
How legal tech software and resources make it easier than ever for lawyers to keep up with the times
https://landing.clio.com/understanding-legal-technology-competence.html
Bradley's panel reacts to and addresses a hypothetical cyber incident involving a widespread compromise of consumer healthcare and financial information. Amy Leopard (Healthcare), Mike Pennington (Litigation), John Goodman (Litigation), Elena Lovoy (Financial Services), and moderator Paige Boshell (Intellectual Property, Financial Services) will offer legal and practical strategies to proactively respond to and resolve a specified data breach. Highlights will include customer notice strategies, attorney-client privilege and litigation avoidance strategies, and coordination with third parties, including external PR and forensic investigators, vendors, regulators, and law enforcement.
Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know Abo...Diana Maier
No matter what kind of law practice you have, you need to comply with privacy laws generally and lawyers' ethical duties with respect to privacy, specifically. In this presentation, legal ethics counsel Sarah Banola (Cooper, White and Cooper, LLP) and employment and privacy attorney Diana Maier (Law Offices of Diana Maier) deliver a primer on privacy law and teach you the key areas of privacy law and associated ethical obligations.
The Diamond Datascram Diaries: Diamond Datascram Development Polsinelli PC
Our 2017 Labor and Employment Webinar Series will track the challenges that employers face through the highs and lows of the business cycle that can drive and ultimately determine a company’s success. Stages in this cycle can include company formation, growth through new investments or strategic alliances, and workforce restructuring due to changing economic conditions.
At each stage, there are discrete labor and employment issues that must be understood and addressed, which exist alongside complicating factors such as changing technologies, regulatory oversight and best practices for a compliant workforce. Polsinelli’s Labor and Employment attorneys will be joined by colleagues from practices across the firm (including Intellectual Property, White Collar, and Employee Benefits) to provide a comprehensive review of these issues.
In this series, we will follow the rise and fall of the innovative but fictional Diamond Datascram Inc. during the four main phases of the business cycle:
1. Formation: Diamond Datascram Development
2. Peak: Diamond Datascram Dominance
3. Contraction: Diamond Datascram Decline
4. Trough: Diamond Datascram Decimated
In the last several years, substantial data breaches or hacker attacks in the U.S. have shown no signs of abating. Neither have the class actions that typically follow in their wake. Bradley Arant discusses litigation trends in data breach class actions. The video will touch on evolving issues in these cases, including recent loosening of consumer standing requirements (in cases after the Supreme Court’s Clapper decision), class certification and other issues raised in the Target litigation. We will also provide an overview of recent settlements of data breach class actions and what they might mean for later cases. The webinar will address several issues pending before the Supreme Court this term that could have significant impact, including whether a statutory violation without other injury confers Article III standing, and the extent to which statistical evidence can be used to justify class certification.
A Modern Look at Contractors v. EmployeesDiana Maier
Whether you’re a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.
Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.
Sapient Catelas The New Regulatory ParadigmEddie Cogan
The passing of the Dodd–Frank Wall Street Reform & Consumer Protection Act will lead to new rules that will increase the burden and cost of compliance.
Communication networks are a proxy for the relationships, interactivity and information flow that underpin how commerce is transacted. Catelas is the first solution to provide true transparency into how an organization lives and breathes, allowing compliance officers to monitor behavior, data flow, and relationships inside and outside the company without collecting a single email.
Privacy Breaches - The Private Sector Perspectivecanadianlawyer
Discusses issues that arise in organizations when faced with a privacy breach. Compares attitude and approach of organizations with those of privacy regulators.
The trends continue to point upward for data incidents and 2013 is becoming a pace setter. The shifting regulatory landscape promises to add further complications for companies struggling to prepare for and respond to data privacy incidents.
This webinar will feature two leading data breach experts who have performed a two year trend analysis across hundreds of cases to offer a powerful and up-to-date perspective on what has happened and their predictions for the future. It will also cover how these factors are shaping regulations which are in turn influencing decision-making in the C-Suite.
Our featured speakers for this timely webinar will be:
-Bill Hardin, Director of Data Privacy Response & Investigations, Navigant
-Jennifer Coughlin, Privacy and Data Security Attorney, Nelson, Levine
-Gant Redmon, Esq. General Counsel and VP of Business Development, Co3 Systems
This is a small deck that illustrates my views on the result expectations and needs to consider for using lawyers versus consultants for compliance assistance
Legal Issues Impacting Data Center Owners, Operators & Usersjyates
MMM’s goal is to work with data center owners, operators and users to identify key legal issues and their related claims, and to provide ways to minimize liability.
Encouraging Internal Compliance Communication WebinarCase IQ
Attorney Lisa Noller and Michael Weisman, Chief Counsel, Compliance at Kraft Foods Group, discuss tips for getting your employees to speak up about workplace misconduct.
How to Build and Implement your Company's Information Security ProgramFinancial Poise
Data is one of your business’s most valuable assets and requires protection like any other asset. How can you protect your data from unauthorized access or inadvertent disclosure?
An information security program is designed to protect the confidentiality, integrity, and availability of your company’s data and information technology assets. Federal, state, or international law may also require your business to have an information security program in place.
This webinar will provide the basics of how to create and implement an information security program, beginning with identifying your incident response team, putting applicable insurance policies into place, and closing any gaps in the security of your data.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/how-to-build-and-implement-your-companys-information-security-program-2021/
This course provides an overview of recent developments in protections for corporate whistleblowers, including the recently enacted Taxpayer First Act whistleblower protection law, Sarbanes-Oxley protected conduct, protections for cybersecurity whistleblowers, the impact of Wadler on gatekeeper whistleblower protections, the expanding scope of actionable retaliation, and the burden of proof under SOX.
The Diamond Datascram Diaries: Diamond Datascram Development Polsinelli PC
Our 2017 Labor and Employment Webinar Series will track the challenges that employers face through the highs and lows of the business cycle that can drive and ultimately determine a company’s success. Stages in this cycle can include company formation, growth through new investments or strategic alliances, and workforce restructuring due to changing economic conditions.
At each stage, there are discrete labor and employment issues that must be understood and addressed, which exist alongside complicating factors such as changing technologies, regulatory oversight and best practices for a compliant workforce. Polsinelli’s Labor and Employment attorneys will be joined by colleagues from practices across the firm (including Intellectual Property, White Collar, and Employee Benefits) to provide a comprehensive review of these issues.
In this series, we will follow the rise and fall of the innovative but fictional Diamond Datascram Inc. during the four main phases of the business cycle:
1. Formation: Diamond Datascram Development
2. Peak: Diamond Datascram Dominance
3. Contraction: Diamond Datascram Decline
4. Trough: Diamond Datascram Decimated
In the last several years, substantial data breaches or hacker attacks in the U.S. have shown no signs of abating. Neither have the class actions that typically follow in their wake. Bradley Arant discusses litigation trends in data breach class actions. The video will touch on evolving issues in these cases, including recent loosening of consumer standing requirements (in cases after the Supreme Court’s Clapper decision), class certification and other issues raised in the Target litigation. We will also provide an overview of recent settlements of data breach class actions and what they might mean for later cases. The webinar will address several issues pending before the Supreme Court this term that could have significant impact, including whether a statutory violation without other injury confers Article III standing, and the extent to which statistical evidence can be used to justify class certification.
A Modern Look at Contractors v. EmployeesDiana Maier
Whether you’re a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.
Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.
Sapient Catelas The New Regulatory ParadigmEddie Cogan
The passing of the Dodd–Frank Wall Street Reform & Consumer Protection Act will lead to new rules that will increase the burden and cost of compliance.
Communication networks are a proxy for the relationships, interactivity and information flow that underpin how commerce is transacted. Catelas is the first solution to provide true transparency into how an organization lives and breathes, allowing compliance officers to monitor behavior, data flow, and relationships inside and outside the company without collecting a single email.
Privacy Breaches - The Private Sector Perspectivecanadianlawyer
Discusses issues that arise in organizations when faced with a privacy breach. Compares attitude and approach of organizations with those of privacy regulators.
The trends continue to point upward for data incidents and 2013 is becoming a pace setter. The shifting regulatory landscape promises to add further complications for companies struggling to prepare for and respond to data privacy incidents.
This webinar will feature two leading data breach experts who have performed a two year trend analysis across hundreds of cases to offer a powerful and up-to-date perspective on what has happened and their predictions for the future. It will also cover how these factors are shaping regulations which are in turn influencing decision-making in the C-Suite.
Our featured speakers for this timely webinar will be:
-Bill Hardin, Director of Data Privacy Response & Investigations, Navigant
-Jennifer Coughlin, Privacy and Data Security Attorney, Nelson, Levine
-Gant Redmon, Esq. General Counsel and VP of Business Development, Co3 Systems
This is a small deck that illustrates my views on the result expectations and needs to consider for using lawyers versus consultants for compliance assistance
Legal Issues Impacting Data Center Owners, Operators & Usersjyates
MMM’s goal is to work with data center owners, operators and users to identify key legal issues and their related claims, and to provide ways to minimize liability.
Encouraging Internal Compliance Communication WebinarCase IQ
Attorney Lisa Noller and Michael Weisman, Chief Counsel, Compliance at Kraft Foods Group, discuss tips for getting your employees to speak up about workplace misconduct.
How to Build and Implement your Company's Information Security ProgramFinancial Poise
Data is one of your business’s most valuable assets and requires protection like any other asset. How can you protect your data from unauthorized access or inadvertent disclosure?
An information security program is designed to protect the confidentiality, integrity, and availability of your company’s data and information technology assets. Federal, state, or international law may also require your business to have an information security program in place.
This webinar will provide the basics of how to create and implement an information security program, beginning with identifying your incident response team, putting applicable insurance policies into place, and closing any gaps in the security of your data.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/how-to-build-and-implement-your-companys-information-security-program-2021/
This course provides an overview of recent developments in protections for corporate whistleblowers, including the recently enacted Taxpayer First Act whistleblower protection law, Sarbanes-Oxley protected conduct, protections for cybersecurity whistleblowers, the impact of Wadler on gatekeeper whistleblower protections, the expanding scope of actionable retaliation, and the burden of proof under SOX.
As Asia's #1 Unconventional Sales Solution, Sales training company. The Sales Ninja Group is the leader in helping small-medium, listed and global companies transform their sales people into the ultimate sales professional. The key transformation we have done is moving the old way of selling products or services into selling high value solutions and moving from being seller focused to being buyer focused!.
Please note this work has been upload as template and guide to help other students, no entire sentences or paragraphs should be copy and pasted into your work.
May contain spelling/grammar mistakes.
Der typische Ablauf einer Konversion von Militärflächen besteht aus mehreren Phasen. Vor der eigentlichen Vermarktung sind regelmäßig Grundlagenermittlungen, städtebauliche Bestandsaufnahmen und Planungen sowie eine immobilienwirtschaftliche Standortanalyse durchzuführen.
OWASP Mobile TOP 10 na przykładzie aplikacji bankowych - Semafor 2016 - Mateu...Logicaltrust pl
Wnioski z technicznego badania kilkudziesięciu polskich aplikacji bankowych przeznaczonych na platformy Android oraz iOS pod kątem występowania w nich podatności z OWASP Mobile TOP 10. Prezentacja rzeczywistych błędów w oprogramowaniu mobilnym, praktycznych porad jak zabezpieczyć aplikacje oraz odniesienie uzyskanych rezultatów do badań przeprowadzonych w innych krajach.
Self-directed Career Growth - BrightEdge Share16 presentationDave Lloyd
BrightEdge Share 16 presentation to digital and SEO marketers on creativity, leadership, career growth, data-driven marketing, personal branding, and skills development. Also included information on organizational alignment, marketing funnels, creative & visual storytelling, and emotional intelligence.
How to Avoid Malpractice & Disciplinary Actions - General Do's and Don'ts (Se...Financial Poise
This webinar presents basic practice pointers to avoid malpractice and disciplinary actions, and how to respond to claims of malpractice or unethical behavior if they arise. The panel also discusses the role that malpractice insurance plays in these situations and the ramifications of a malpractice judgment or disciplinary action. Model Rules addressed may include: those that govern the client-lawyer relationship (Rules 1.1 through 1.10; 1.13; and 1.16); those that that speak to transactions with persons other than clients (Rules 4.1 through 4.4); those that govern the responsibilities of managing and supervisory lawyers, subordinate lawyers, non-lawyer assistance, independence, unauthorized practice of law, and multijurisdictional practice (Rules 5.1 through 5.5); and those that govern communication, including advertising and solicitation of clients (Rules 7.1 through 7.5).
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/how-to-avoid-malpractice-disciplinary-actions-general-dos-and-donts-2021/
The Chartered Insurance Institute (CII) has launched a new guide to digital ethical standards, setting out five core areas of responsibility for insurance professionals.
The code provides a framework of principles for professionals to use in ensuring client interests remain at the heart of technological progress. This includes such issues as how to make ethical use of client data and analytics, helping practitioners to consider the wider ramifications of their digital initiatives, and guidance on how to navigate conflicts of interest. The code also addresses the issue of the innate bias of digital technology and helps insurance professionals to consider the risk of discrimination.
The guide has been put together by the CII’s Digital Ethics Forum, including digital and policy experts from the Association of British Insurers, British Insurance Brokers Association, Aviva, Worry & Peace and Capital Law.
Hiring Contract Security - Common Sense and Basic Guidelines for Hiring a Sec...Tom Huskerson
A comprehensive guide to understanding the private security industry and how it works. Most security companies are reputable and professional organizations. But there are some security practices that need to be examined and, as a business owner or manager, you need to be aware of the issues in contract security. This includes hiring practices, management of guards and the liabilities incurred with the hiring of a security company. No security company is perfect so understanding who you are working with and their reputation and practices can save some serious headaches, legal problems and money.
TFW LTE 1032 ANM Assignments Position Paper Detail Submission Grade .pdftesmondday29076
TFW LTE 10:32 ANM Assignments Position Paper Detail Submission Grade Position Paper
Due: Jul 25, 2018 at 11:59 PM Topics for Final Paper-choose a topic from the following options
. Examine the issue of insider trading Analyze the ethical issues at stake (be sure to look at the
issue from both Utilitarian and Kantian perspectives). Do you believe insider trading is ethical?
Why or why not? Be sure to support your position with reasoned argumentation (including
showing why the alternative positions are ethically weaker than your own) Write a critical essav
(either in sunnort of Previous Next Dashboard Calendar To Do Notifications Inbox
Solution
Answer ) Insider Trading and Business Ethics
Many people are complaining insider trading since it is unfair for some people who do not have
confidential information about a certain company. People who do not have information that is
not yet into the public lose their confidence and trust towards the company. Therefore, many
companies lose potential investor from insider trading. Insider trading is a huge issue among
people. Insider trading can be an unethical; yet sometimes it can be ethical.
What is Insider Trading :Insider trading is a word that has many definitions and connotations and
which includes both legal and illegal activities. It can also be described as an insider trading of a
company’s stock, securities, bonds and stock options by persons with possible access to non-
public information about the company. Nevertheless, insider trading can take place lawfully
every day, when trading by the corporate insiders such as officers, directors, employees and large
shareholders to buy or sell stock in their own companies if this trading will not be taking
advantage of the non-public information and also be within the boundaries of the company’s
policies and the rules governing this trading. However, the term “insider trading\" is mostly used
to describe a practice in which an insider party trades based on non-public material information
gained through the performance of the insider’s obligation at the company, in violation of other
relationships of faith and assurance or otherwise when the non-public information was stolen
from the company. In other words, insider trading is buying, selling or dealing in securities,
bonds, and stocks of a company by a director, manager, or employee of the company who has
confidential information that is not accessible to the public.
Who is an Insider:An insider is a person who has entrée to the confidential information about a
company or corporation that will affect the stock price or might manipulate investors’ decisions.
This is “material information\". Moreover, most company executives clearly have important
information about the company. For example, the manager of sales knows how much the
company has sold and if it rallies, the estimates provided with the investors. Moreover, others
who work with the company also have material information; for instance, the accoun.
Overall Comments Overall you made a nice start with your U02a1 .docxjacksnathalie
Overall Comments:
Overall you made a nice start with your U02a1 assignment. Please see my specific feedback below for each objective, and I can be reached at: [email protected] or 813-417-0860 if you have any questions about my comments.
COMPETENCY: Analyze the impact of legal and regulatory issues on staffing management.
CRITERION: Describe the important issues in the case.
DISTINGUISHED
PROFICIENT
BASIC
NON-PERFORMANCE
Non-Performance
Does not identify the important issues in the case.
Faculty Comments:“
It is important to select a legal case of disparate impact as the focus of your assignment, and it is unclear if the case you selected is this type of case based on the information provided. Please develop your content further to clearly analyze the important issues of this case, and be sure to describe why this is a case of disparate impact.
”
CRITERION: Distinguish the theory of disparate (or adverse) impact from the theory of disparate treatment.
DISTINGUISHED
PROFICIENT
BASIC
NON-PERFORMANCE
Basic
Partially distinguishes the theory of disparate (or adverse) impact from the theory of disparate treatment.
Faculty Comments:“
You made a nice start with this objective; however, I would like to see your content developed further to clearly distinguish the theory of disparate treatment from disparate or adverse impact, and this is only briefly addressed in your assignment.
”
CRITERION: Analyze the outcome of the case.
DISTINGUISHED
PROFICIENT
BASIC
NON-PERFORMANCE
Non-Performance
Does not state the outcome of the case.
Faculty Comments:“
It is important to select a legal case of disparate impact as the focus of your assignment, and it is unclear if the case you selected is this type of case based on the information provided. Please develop your content further to clearly analyze the outcome of this case, and be sure to apply disparate impact theory.
”
CRITERION: Analyze the evidence of discriminatory effects.
DISTINGUISHED
PROFICIENT
BASIC
NON-PERFORMANCE
Non-Performance
Does not describe the evidence of discriminatory effects.
Faculty Comments:“
It is important to select a legal case of disparate impact as the focus of your assignment, and it is unclear if the case you selected is this type of case based on the information provided. Please develop your content further to clearly analyze the evidence of discriminatory effects in this case, and provide specific examples of connections to the rule, policy or process.
”
CRITERION: Describe how the Uniform Guidelines on Employee Selection Procedures help employers avoid issues related to disparate or adverse impact.
DISTINGUISHED
PROFICIENT
BASIC
NON-PERFORMANCE
Non-Performance
Does not identify how the Uniform Guidelines on Employee Selection Procedures help employers avoid issues related to disparate or adverse impact.
Faculty Comments:“
Please develop your content further to address this in your work.
”
COMPETENCY: Communicate in a manner that is scholarly and professional.
CRITERION: Commun.
Compliance issues are at the front of every manager's and fiduciary’s mind these days. It used to be that all the worry came from a creative plaintiffs’ bar calling a business's conduct into question, but those days are long gone. Public and private companies are investigated by not only the United States federal government, but also local, state, and foreign governments. Self-regulating entities also add a layer of scrutiny. Under the insulation of the attorney-client privilege, an effective internal investigation can help marshal the facts to inform corporate decisions about past or existing violations and prevent potential future violations. An internal investigation can protect management from the violation and records the company's response to an incident or violation. However, most importantly, it serves to send a clear message that the company is serious about compliance and that it sets transparency as a priority. This webinar surveys recent compliance trends and discusses best practices regarding the attorney-client privilege, joint defense agreements, the use of experts, witness interviews, the consequences of self-disclosure and how to control the impact on the company.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/internal-investigations-101-2021/
BUSINESS LAW REVIEW- 2022: Defending White Collar Crime-101Financial Poise
While white collar crimes don’t usually carry the same stigma or penalties as violent crime, the consequences of a conviction, or even an allegation can be devastating. Leaving prison time aside, the business may also face investigation, prosecution and possibly, the risk of reputational damage, financial loss and unwanted exposure.
As governmental enforcement of laws against those accused of white collar crime increases, companies need to understand how to avoid unknowingly acting in ways that may be unlawful, how to prevent and detect potential employee misconduct, and how to react if misconduct does occur.
Part of the webinar series: Business Law Review 2022
See more at https://www.financialpoise.com/webinars/
Chapter Introduction
Ditty_about_summer/ Shutterstock.com
Learning Objectives
The five Learning Objectives below are designed to help improve your understanding. After reading this chapter, you should be able to answer the following questions:
1. What are two different views of the role of business in society?
2. How do duty-based ethical standards differ from outcome-based ethical standards?
3. What is short-term profit maximization, and why does it lead to ethical problems?
4. What are the four steps in the IDDR approach to ethical decision making?
5. What ethical issues might arise in the context of global business transactions?
“New occasions teach new duties.”
James Russell Lowell 1819–1891 (American editor, poet, and diplomat)
One of the most complex issues that businesspersons and corporations face is ethics. Ethics is not as clearly defined as the law, and yet it can substantially impact a firm’s finances and reputation, especially when the firm is involved in a well-publicized scandal. Some scandals arise from conduct that is legal but ethically questionable. At other times, the conduct is both illegal and unethical. Business law and legal environment students must be able to think critically about both legal and ethical issues. As noted in the chapter-opening quotation, “New occasions teach new duties.”
Suppose that Finn Clayborn dropped out of Harvard University to start a company in Silicon Valley that developed and sold finger-prick blood-test kits. Clayborn raised millions from investors by claiming that his new technology would revolutionize blood testing by providing a full range of laboratory tests from a few drops of blood. The kits were marketed as a better alternative to traditional, more expensive lab tests ordered by physicians. They were sold at drugstores for a few dollars each and touted as a way for consumers to test their blood type and monitor their cholesterol, iron, and many other conditions. Within six years, Clayborn and his company were making millions. But complaints started rolling in that the test kits didn’t work and the results were not accurate (because more blood was needed). Numerous consumers, drugstores, and government agencies sued the company for fraudulent and misleading marketing practices. Clayborn’s profitable start-up now faces an uncertain future.
The goal of business ethics is not to stifle innovation. There is nothing unethical about a company selling an idea or technology that is still being developed. In fact, that’s exactly what many successful start-ups do—take a promising idea and develop it into a reality. But businesspersons also need to consider what will happen if new technologies do not work. Do they go ahead with production and sales? What are the ethical problems with putting a product on the market that does not function as advertised? To be sure, there is not always one clear answer to an ethical question. What is clear is that rushing to production and not thinking through ...
A 45 minute presentation to corporate lawyers on dealing with critical risks in the hiring process. Deals mostly with social media and background checks.
Regulatory Nets vs the Fishing Hook of Litigation - BSides Las Vegas 2017Wendy Knox Everette
What sort of legal and policy choices would lead to more secure and safer software and computing-enabled devices? The patchwork of existing legal regimes in the US is based on regulations imposed on a few verticals (finance, healthcare, and education in particular), and a complex web of compliance frameworks, contractual provisions, and consumer lawsuits. As we think about making software safer and more secure for users, the policy choices we preference now may have long reaching effects. This talk will explore the implications of relying on software liability or other ex-post options vs. regulations or similar ex-ante choices.
Precarious professionalism 17 Sep 14 to Law SocietyRichard Moorhead
Why is the legal professions's position precarious: its claims to be competent, ethical, leaders in their field, and good regulators are all weakened. Globalisation, markets, technology, innovation and professional inertia or complacency all pose threats.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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Dave Stampley - Reasonable Security - Security BSides NOLA 2015
1.
Bio: David A. Stampley, CIPP, is a partner at KamberLaw in New York. He has specialized in
data privacy and security compliance for over 15 years. Currently, he litigates information-
technology-related class actions. His prior roles include regulatory enforcement (New York
Attorney General’s Office), privacy officer (a Fortune1000 B2B technology provider), and
consultant and general counsel (Neohapsis). He started his legal career as an Assistant District
Attorney in the Manhattan D.A.’s Office.
Preview of conclusion: In every role I’ve had in the practice of privacy/security law, I’ve
advocated for what should be considered reasonable or unreasonable by my client, or should
have been considered reasonable or unreasonable by the other party in a court case.
• I started the same place discussed today—the laws, regulations, and cases—and the rule of
reasonableness.
• And then I looked at what rules there were in security literature—standards organizations,
textbooks, vendor documentation.
• But, inevitably, I started calling people—I/S professionals, and asked them what they
considered good/bad, acceptable/unacceptable; why; and how they draw the line. I asked
them what they observed in practice and wwhat they saw their peers in other organizations
doing. I asked how they would back up their positions if challenged.
That’s what I did, before advising upper management when I was in-house, or taking a
position in court—I asked the kind of people in this this room, because the answer is already
there. If a court then made a decision, that doesn’t mean a particular practice suddenly became
reasonable or unreasonable. It means it already was.
2.
2014 topic was “Who defines ‘reasonable security’? – Lessons from courts and regulators.
Some key takeaways:
• Wyndham case: FTC exercise of unfairness jurisdiction. Wyndham said it wasn’t on notice
of unreasonableness.
• Target case: CEOs affected? Maybe, but not through the courts. Security vendors on the
hook? Not likely to be a major trend yet.
• Why is “reasonable security” not more defined in enforcement actions/cases?
• Regulatory constraints and prosecutorial discretion: awareness, resources &
priorities, provability, litigation risk
• Class action constraints: consumer awareness, standing, certifiability, resources,
provability, litigation risk & cost (long duration of litigation on contingency)
• Result: Many security failures go unaddressed.
2014 session emphasized definition of “reasonable security” after the question was put to the
test in enforcement and court actions. But if regulators and courts haven’t yet answered the
question, how do I/S professionals determine what’s reasonable? Would it really help if the
government came up with an answer?
3.
Assumptions about target audience for this presentation:
• I/S professionals are trying to do their jobs. However, I/S is often viewed as a cost center.
Communicating needs & getting budget $ for security can be a struggle. But regardless of
who makes the go/nogo decision on security measures, if there’s a security failure, I/S is
likely to be a target for blame.
• Many I/S professionals believe clearer rules about what is “reasonable” would support their
mission.
So who defines “reasonable security”? In this 2015 session, the answer is the same as last year
—if I/S professionals want a workable definition, it’s incumbent on the I/S community to
come up with it, since it has the expertise.
• Last year I advocated for security experts and thought leaders to coalesce & be heard.
• This year, we’ll work toward the answer from a different angle--the front line. That’s where
the definition of reasonable security happens.
3
4.
Our starting point is the same as last year—the dictionary definition of “reasonable.”
• What is considered reasonable may vary with circumstances.
If that’s the case, you can’t expect regulators or courts to define it for every circumstance.
Instead, regulations tend to be general and follow this definition. See, e.g., GLBA
Safeguards Rules
• You might be thinking, “That’s no help.” But the expectation is that an organization,
informed by I/S professionals, can figure it out.
If “reasonable” care is “ordinary” care, what is “ordinary”? It’s a level of care that any
“competent [I/S professional] engaged in the same line of business would exercise under
similar circumstances.”
• What does that tell you? Under the law, the idea isn’t that someone is playing hide the ball,
not telling you the rule, and later playing gotcha. The expectation is that you already know
what you need to know to figure it out.
[Refer back to FTC & class action case lists. Would you need a specific rule to tell you...?]
5.
[Recap FTC jurisdiction]
• Prohibits unfair or deceptive acts or practices (may include omission).
[Recap Wyndham, LabMD discussion from last year—”we didn’t know the standards”; current
status]
• Some argue that the FTC’s current authority isn’t enough to bring actions against
companies for data breaches, espec. under unfairness jurisdiction.
6.
Would you need a more specific legal rule to tell you whether the alleged practices are sub-
standard and unreasonable?
[Discuss Verizon:
• FTC closing letters
• Value of prompt mitigation and cooperative response to regulatory inquiry.
• Recap from 2014: Recognition of enforcement body’s need to prioritize spending taxpayer
dollars.]
[Recap 2014 discussion. FTC and state AGs don’t--and can’t—bring enforcement actions for
every security failure.
• Jurisdiction (Wyndham challenge to FTC unfairness jurisdiction).
• Enforcement priorities discussed previously.
• Non-transparency—not every failure can be seen, so consumers and other businesses bear
the costs.]
7.
Would you need a more specific legal rule to tell you the whether alleged practices are sub-
standard and unreasonable?
[Recap 2014 discussion of barriers to relief in class action:
Non-transparency: consumers may not know to bring cases because may not know who
harmed them, or even that they were harmed.
Litigation risks, winnows down likelihood of relief: Cases handled on contingency, long
duration, multiple motions to dismiss, availability of competent experts, costly expert
discovery, technical sophistication of courts
Jurisdictions requiring plaintiff reliance on specific misrepresentations.
Certifiability of class.
Standing.]
Target: Last year, discussion in I/S community of whether security vendors like Trustwave
would be held liable for breaches. Not major trend so far.
Garvey v. Hulu: Appeal issue of VPPA knowledge element. Did Hulu know what was sent
to Facebook through Hulu’s implementation of Like button.
Target, Yahoo, Spokeo: Biggest issue = standing
•
•
•
•
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7
8. One rule is—don’t rely on predictions.
Another is don’t hold your breath waiting for enforcers and courts to make the rules.
Will there be a next wave, focused on data breaches? Maybe. But just remember that lawyers
and reporters may be prone to making attention-getting predictions. There’s already a history
of private litigation in response to data breaches.
9. Returning to definition of “reasonable”--a key takeaway is, you don’t have to wait for
someone else to make rules because “everybody knows that.”
[2014 analogy: It doesn’t take a written rule to tell you to get the kids’ soccer team inside
when you see a thunderstorm.]
[Refer back to Black’s definition of reasonable & case overviews.]
10.
Many states have “baby UDAP” statutes. NY GBL § 349 provides useful angle in determining
what is reasonable—the reasonable consumer.
• Organization can’t count on defense of “good heart, empty head.” Did company promise
reasonable security and fail to deliver?
[Recap Wyndham discussion from last year—”we didn’t know the standards”; current
status]
“Website Security Flaw Costs ZD,” Brian McWilliams, Wired, Aug. 28, 2002
(regarding N.Y. Attorney General settlement with Ziff Davis Media for online
exposure of subscriber information database):
In a statement, New York-based Ziff Davis said Wednesday that it had not
broken any laws, and the company termed the incident “a one-time online
security violation ... caused by a coding error.”
Stampley said he was "surprised and disappointed" at Ziff Davis'
characterization of the facts of the case. "Acts such as failing to use SSL
encryption and disabling Web server logging indicate an ongoing failure to
follow standard security practices.”
• Requires thinking ahead and considering consequences. Not just a question of does system
do what we want, but whether someone else can use it in unwanted way.
11.
FTC’s safeguards rule under the GLBA useful in understanding that:
• reasonable security isn’t one-size-fits-all—what is reasonable depends on the organization
• the organization is expected to be able to figure it out.
Many I/S professionals have been challenged within their organizations to “show me where
the law says we have to do that.” The reasonableness standards under federal and state laws
and regulations are where.
Takeaways:
• I/S professionals don’t have to become lawyers to determine position on reasonable
security.
• I/S professionals do need to inform other actors in the organization, so reasonably
foreseeable risks can be evaluated in context.
12.
Good to be aware, but understand that lobbying positions aren’t rules or predictions I/S can
count on or a reason for inaction. Plus, there may be strategic and tactical reasons for those
positions that aren’t apparent.
• If there is a compliance “minefield,” why? Specific examples? How much of it consists of
pre-existing laws? How different are the laws?
Do consumers face any minefield of their own? Are they hurt/helped by a compliance
minefield? Who bears costs of security compliance & failure?
• Would “one, consistent federal standard” that trumps everything else give I/S desirable
rules? (Refer back to laws/cases). From a consumer advocate’s perspective, these would be
potential effects of “one standard”:
• weak standard that trumps better laws and further diminishes opportunities for
healthy enforcement (refer back to constraints on regulatory enforcement and class
actions)
• continues to shift the burden of losses to consumers
• puts organizations that want to do the right thing at a competitive disadvantage
• disincentivizes development of a more trustworthy and robust marketplace—what
looks like benefit to shareholder value is long-run loss of opportunity to maximize
• and still won’t give I/S rules that are specific to the circumstances of the
organization.
There may be very good bases for some policy arguments—but they are still just arguments.
For I/S, don’t drink the Kool-Aid. Your organization needs you to have a clear head and be
able to communicative objectively to those in organization who rely on I/S’s advice.
13.
Plus, I/S can’t count on the outcome of policy and legal arguments.
• [Example of Hulu defense that VPPA didn’t apply to streaming video]
• From 14 years ago—”Internet Privacy; Enforcement Actions,” David Medine and Christine
Varney, National Law Journal, Aug. 6, 2001:
“The FTC has treated Web site privacy policies as ‘representations,’ subjecting
them to scrutiny under the act, thus transforming a decades-old consumer
protection law into a comprehensive, modern privacy statute.”
Perhaps the authors weren’t saying that the law was stale and shouldn’t apply to website
privacy policies—but “transforming a decades old law” is a debatable characterization. The
law was there and applied to commerce. Commerce moved online. The law was applied
where commerce was taking place.
Deploying a new technology application doesn’t put the application beyond the reach of laws.
Remember examples from NY § 349 and FTC Safeguards Rule language: reasonably
foreseeable.
3
14.
Bottom line: Don’t wait for someone else to tell you what the rule is.
• Even if more rules are needed, even if you agree that federal standards should be
established that trump other laws: there are rules already, they need to be followed,
and I/S has a duty to take a leading role in defining what compliance with those
rules looks like.
• If policymakers devise new data security rules without meaningful I/S input, they
won’t be good rules.
Regardless of how rules evolve, or whether upper management is held accountable for
failures, failures puts I/S professionals at risk, so you’d better speak up. [Discussion: Average
CIO lifespan; I/S taking blame for breaches.]
15.
• But, when you speak up, or if you are in a consultative role to other I/S professionals, be
mindful: If the question is “Is it reasonable,” responding with “That won’t work” isn’t a
useful answer. Some I/S professionals dismiss technologies/approaches by saying “That
won’t work,” when what they really mean is, “It leaves some problems unsolved” or “It can
be exploited.” Does it solve some of the problem—how much? Is it a starting place? Is
there a better option?
Other pitfalls:
• Saying that the sky is falling, and saying it often. The sky is usually not falling. Some I/S
professionals treat security issues as crises when they are not, or fail to distinguish among
levels of seriousness. Sometimes internal clients do this—not necessarily motivated by
security.
• Failure to document compliance efforts. [Refer back to Safeguards Rule.] Thinking about
what’s reasonable, planning for it, documenting decisions shows attention to the issues. It’s
not only an important part of maintaining institutional memory and continuity, it can
validate the reasonableness of efforts, even if failure occurs. [Refer back to GLBA
Safeguards Rule—documented program.]
16.
• Don’t pre-judge compliance failure. Based on my experience, some employees (out of
vigilance or even internal jockeying) raise security issues with e-mails to too many
recipients saying “We’re non-compliant.” Sometimes it’s I/S, or other employees referring
to I/S issues.
• “We’re non-compliant” is not documenting compliance effort. It’s probably a legal
conclusion that should be left to lawyers to make.
• It may be the wrong conclusion. There may be mitigating factors. But what the e-
mail does is create a record that can be used as evidence against the organization,
even if the conclusion is incorrect. (That may be one of several reasons that your
lawyers may ask I/S to direct compliance concerns to them.)
Part of incident response should include how to communicate about potential issues that
require attention
[Refer back to Safeguards Rule.] Remember that, while I/S should be defining reasonable
security from the I/S perspective, defining what that looks like for the organization involves
others in the organization.
17.
Think back to cases discussed—was unreasonableness obvious? If what’s reasonable seems
hard ot pinpoint, start by defining what is out of bounds.
Rely on your expertise to define a starting point for what’s reasonable, as input to
organizational determination. Back yourself up—if you believe certain practices are
reasonable/unreasonable, there’s a reason why. What is industry practice? Get input from
colleagues in other organizations who are “prudent and competent person[s] engaged in the
same line of business or endeavor” facing “similar circumstances.” Refer to I/S
organization publications.
I often hear I/S professionals say “there’s no proof” of what’s reasonable. Your word is a
form of proof. You don’t get a guarantee of absolute proof, but your credibility is evidence,
and if you back up your position, it’s even stronger evidence.
Then you’re ready to talk to your lawyer with information your lawyer needs, instead of
just asking what the rule is.
Just as with some I/S professionals, some lawyers have a highly risk-averse “that won’t
work” approach, but at least you’ll be in a position to give your lawyers information they
need.
7
•
•
•
18.
[Discussion: What do you do if you believe there’s a compliance failure and no one listens?
Steps to protect yourself... ethical/moral issues.]
• The actions of I/S professionals matter in people’s lives. Right now, ask yourself: At one
point might it be necessary to sound an alarm and maybe put your job at risk —or to walk
away? What would make it hard to look yourself in the mirror in the morning? What are the
reasonably foreseeable risks? These are hard questions that sound dramatic, but those
kinds of challenges can come up, and when they do, they are dramatic. Ask yourself now,
because these questions may be harder to answer when you’re in the middle of a situation
in which the answers might matter.
• By asking yourself those questions—about where the line is between reasonable and
unreasonable—you may gain clarity that will help in communicating the more everyday
answers about what reasonable security looks like.
“Success is never final and failure never fatal. It’s courage that counts.” — Attributed to
George F. Tilton
19.
[Discussion--being heard: Comment period for regulations and standards.]
• Process is critical. It’s not just what you do, but how you do it, as a team, redundantly.
20. !
Preview of conclusion: In every role I’ve had in the practice of privacy/security law, I’ve
advocated for what should be considered reasonable or unreasonable by my client, or should
have been considered reasonable or unreasonable by the other party in a court case. !
• I started the same place discussed today—the laws, regulations, and cases—and the rule of
reasonableness.!
• And then I looked at what rules there were in security literature—standards organizations,
textbooks, vendor documentation.!
• But, inevitably, I started calling people—I/S professionals, and asked them what they
considered good/bad, acceptable/unacceptable; why; and how they draw the line. I asked
them what they observed in practice and wwhat they saw their peers in other organizations
doing. I asked how they would back up their positions if challenged.!
That’s what I did, before advising upper management when I was in-house, or taking a
position in court—I asked the kind of people in this this room, because the answer is already
there. If a court then made a decision, that doesn’t mean a particular practice suddenly became
reasonable or unreasonable. It means it already was.!
What reasonable security looks like down the road is for you to decide—maybe not alone—
but the security expertise is yoursThe rest of us are relying—reasonably so--on I/S
professionals, individually, and the I/S community, collectively, to tell us. !
20