How to Draft an Effective Incident Response Plan March 2, 2016 The best way to handle any emergency is to be prepared. Authors/Presenters When it comes to data breaches, incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one. For example, any organization that accepts payment cards is most likely contractually...
EU & Competition Law Update - March 2016 March 9, 2016 Welcome to March's edition of our EU & Competition Law Authors/Presenters Bulletin covering recent legal developments impacting upon you and your business: United Kindgdom: Large pay for delay fine imposed by CMA Germany and EU: Facebook accused on an abuse of dominance by German competition regulator France: Will the...
Credit Card Data Breaches: Protecting Your Company from the Hidden Surprises March 9, 2016 Debit and credit cards are now the primary form of retail Authors/Presenters payment. One source estimates that 60 percent of all retail transactions involve a payment card – far surpassing cash or checks as the preferred method of payment.1 Most retailers do not realize, however, that...
How to Select a Qualified Security Assessor (“QSA”) March 23, 2016 Retailers that accept credit cards are typically required by Authors/Presenters the payment card brands to show that they are in compliance with the Payment Card Industry Data Security Standards or “PCI DSS” at least once a year. How a retailer is permitted to show compliance depends in...
How to Comply with the CAN-SPAM Act March 27, 2016 Email is ubiquitous in modern life with billions of emails – Authors/Presenters wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of NonSolicited Pornography and Marketing (“CAN-SPAM”) Act has attempted to curb the number of unwanted emails and impose some rules...
Whistleblowers Suffer Another Implied Certification Theory Defeat — But Supreme Court Showdown Looms April 5, 2016 Adding its voice to an issue soon to be argued before the Authors/Presenters Supreme Court, an Alabama federal court recently dismissed a False Claims Act (“FCA”) complaint, holding that complying with a federal disclosure regulation was not a...
Corporate Trustees: how gross must negligence be? April 6, 2016 Surprisingly, the distinction between negligence and Authors/Presenters gross negligence in English contract and trust law is unclear. On one view, reflected in the older cases, there is little or no difference at all. The contrary view, reflected in more modern cases, is that there is indeed a difference and potentially, depending...
2016 Data Breach Litigation Report A Comprehensive Analysis of Class Action Lawsuits Involving Data Security Breaches Filed in United States District Courts April 6, 2016 Executive Summary Authors/Presenters Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have...
Marcuss, Zara Author Article for ‘Santa Clara Journal of International Law’ April 12, 2016 DC Senior Counsel Stan Marcuss and Santa Monica Authors/Presenters Attorney Michael Zara authored an article in the spring issue of the Santa Clara Journal of International Law that proposes a radical reform of the current export control system by giving the private sector...
JANUARY 2016 n NO. 1 Class Action Defense Third Circuit Rules Court Should Decide Class Arbitrability Action Item: In a precedential opinion, the U.S. Court of Appeals for the Third Circuit outlined what is required for parties to allow arbitrators—rather than courts—to decide whether a matter could be arbitrated as a class. The Third Circuit then reaffirmed how...
JANUARY 2016 n NO. 1 Consumer Finance Litigation U.S. Supreme Court Rules That an Unaccepted Settlement Offer or Offer of Judgment Does Not Moot a Plaintiff’s Individual or Class Action Case Action Item: The U.S. Supreme Court clarifies the split among the circuits and holds that an unaccepted Federal Rule of Civil Procedure 68 offer and unaccepted settlement offer...
JANUARY 2016 n NO. 1 Maritime January 16th Marked Changes in U.S. Sanctions on Iran Action Item: January 16, 2016, marked Implementation Day under the Joint Comprehensive Plan of Action (“JCPOA”), an agreement between Iran and the EU3+3 nations (the United Kingdom, France, Germany, Russia, China, and the United States) to ease international trade sanctions in...
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Maritime Emergency Response Team We are on call 24 / 7 / 365 An incident may occur at any time. Blank Rome’s Maritime Emergency Response Team (“MERT”) will be there wherever and whenever you need us. In the event of an incident, please contact any member of our team.   OFFICE PHONE   MOBILE...
FEBRUARY 2016 n NO. 1 Tax and White Collar Defense & Investigations FATCA Update: Treasury Issues Long-Awaited Rules For Foreign Asset Reporting by Domestic Entities Action Item: Nearly six years after Congress passed the Foreign Account Tax Compliance Act (FATCA), the Treasury Department has finally issued Final Regulations mandating the reporting of foreign assets by domestic...
FEBRUARY 2016 n NO. 2 Consumer Finance Litigation CA Supreme Court Unanimously Holds that a Mortgage Loan Borrower Has Standing to Sue for Wrongful Foreclosure due to Allegedly Void Assignments Action Item: In a ruling last week, the California Supreme Court supported Glaski and issued a narrow holding that, post-foreclosure, borrowers have standing to assert wrongful foreclosure based...
FEBRUARY 2016 n NO. 2 Energy, Petrochemical and Natural Resources 2016 Starts with a Bang: A Review of Major Environmental and Energy Developments This Year to Date Action Item: There have been three energy developments of note in 2016 already: (1) The Supreme Court put the brakes on the administration’s Clean Power Plan; (2) the Supreme Court reversed the Circuit Court,...
2016 Volume 1, Issue 1 Crossroads in Court: Two professions set out to help children in family crisis. How does cross examination allow either profession to succeed? Norman Heller, Esq., Blank Rome LLP, New York, New York (Based on a presentation by the AFCC and AAML on Nov 20, 2015 on the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition parents with personality, mental...
International Environmental and Resources Law Committee Newsletter Vol. 18, No. 2 March 2016 A joint newsletter of the International Environmental and Resources Law Committee, Marine Resources Committee, and the Section of International Law’s International Environmental Law Committee The Arctic Region Photo Credit: James A. Bruen, Arctic Circle (Lofoten Islands), May...
Maritime Emergency Response Team We are on call 24 / 7 / 365 An incident may occur at any time. Blank Rome’s Maritime Emergency Response Team (“MERT”) will be there wherever and whenever you need us. In the event of an incident, please contact any member of our team.   OFFICE PHONE   MOBILE...