Back in 1972, California voters added privacy to the state constitution’s list of inalienable rights. On June 28, 2018, the California Legislature enacted and Governor Brown signed the California Consumer Privacy Act of 2018. The new Privacy Law creates one of the most comprehensive frameworks for regulating digital privacy in the United States.
Recent discussion on MSNBC regarding Trump’s obstruction of justice Tweet containing: Full Akerman: Trump’s attempt to manipulate the justice system is one big obstruction via @Yahoo Watergate special assistant attorney Nick Akerman explains how Trump’s dealings with the Russia probe and justice department show a clear pattern of behavioR. Watergate special assistant attorney Nick… Read More
Nick Akerman is amazing! I find his insight to be amongst the best. — RunNifRun (@RunNifRun) May 9, 2018 Mueller’s supposed questions released by the White House Nick Akerman, a former Watergate prosecutor, also said the most interesting questions may not have been included in the set provided to Trump’s lawyers. “The… Read More
‘Collusion 101’: Ari Melber Says Russia Payments Could Be Smoking Gun That Takes Down Trump https://t.co/wJ71y8bkuv pic.twitter.com/3FgBzrGWvl — Sarah Reese Jones (@PoliticusSarah) May 9, 2018 My appearance last night with Ari Melber talking about the new revelation about Michael Cohen’s bank accounts. Michael Avenatti releases new documents alleging Trump lawyer Michael Cohen was… Read More
On June 1, China’s new Cybersecurity law took effect. The new law applies not only to domestic Chinese companies but has wide-ranging implications for U.S. and other foreign companies doing business in China.
On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that would repeal and replace the existing ePrivacy Directive (2002/58/EC) (“ePrivacy Directive”). The draft regulation aims to further the Commission’s Digital Single Market Strategy by complementing and conforming privacy rules in the telecommunications sector with the General Data Protection
On November 7, 2016, the Standing Committee of China’s National People’s Congress promulgated the Cybersecurity Law of the People’s Republic of China (hereinafter referred to as the “CSL”) to become effective on June 1, 2017. While the law purports to create an overall national cyber security plan, its provisions, some of which are still vague, create significant potential uncertainties for companies doing business in China.
Ransomware. It’s a data security buzzword that has caught on among civilians and businesses. And it’s real. It threatens system security and costs victims plenty. But what is ransomware? Why is it more of a threat than typical cyber viruses and infections? What do you do to keep yourself immune from ransomware? If affected, what are your options?
Microsoft scored an important victory when the Second Circuit ruled that the government is not authorized to issue warrants for customer data stored overseas. In re Warrant to Search a Certain E-mail Account Controlled & Maintained by Microsoft Corp. should offer a level of comfort for the cloud computing industry as a whole and for U.S. companies that have an international storage footprint.
Companies should take three steps now to ensure use of the Defend Trade Secrets Act.
In May, President Barack Obama signed into law the Defend Trade Secrets Act that creates a federal civil cause of action for the misappropriation of trade secrets. This new law amends the Economic Espionage Act, which makes it a federal crime to steal and use trade secrets. Title 18 U.S.C. 1831, et. seq. For companies that depend on confidential information to provide them a competitive edge, there are several proactive steps they should take to ensure their use and the full benefits of this statute if their trade secrets are stolen.
Most significantly, the Defend Trade Secrets Act, unlike the state trade secrets laws, provides for an ex parte “order for the seizure of property necessary to prevent the propagation or dissemination of the trade secret,” upon a showing of “exceptional circumstance.” Traditional state court equitable remedies are limited to a temporary restraining order and a preliminary injunction. The law also makes the theft, possession and use of trade secrets a predicate act for the Racketeer Influenced and Corrupt Organizations Statue, which can form the basis of a civil RICO action for treble damages and attorney fees. (In the past, federal courts have been reluctant under most circumstances to find a RICO “pattern” for trade secrets theft as part of a scheme to defraud based on the mail and wire fraud statutes. See, e.g., Bro-Tech Corp. v. Thermax (E.D. Pa. 2009).