Corporate Counsel Center > Law Firm Articles
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The Most Overlooked Component of Data Security: Your Employees Miriam Wugmeister and Christine E. Lyon of Morrison & Foerster LLP Data security practices in the private sector are under growing scrutiny by the Federal Trade Commission, state attorneys general, and other state and federal regulatory agencies, as evidenced by the fines imposed on companies such as Tower Records, Barnesandnoble.com, Microsoft, and Victoria’s Secret. According to a recent survey by PricewaterhouseCoopers, nearly half of the fastest growing companies in the United States have suffered a breach of data security in the past couple of years. E-Discovery: Cutting to the Paper-less Chase: What to Do Upon Notice of Claim Timothy K. McNamara of Lathrop & Gage L.C. The age of electronic discovery is here to stay. In today's business world, 90% of all information is in digital form. If you are faced with having to respond to a subpoena or have notice of a potential claim, consider the following to help guide (and protect) you through the process. Reiner and Hubbell: Representing the White Collar Client in Front of the Federal Grand Jury Solomon L. Wisenberg of Solomon L. Wisenberg, PLLC One of the most delicate tasks for the practitioner representing a witness or subject in a white-collar investigation is the tactical decision of whether to invoke the Fifth Amendment privilege against self-incrimination during the grand jury phase. This question can be even more complex in the case of grand jury subpoenas for documents. Two recent decisions by the United States Supreme Court, Ohio v. Reiner, 532 U.S. 17, 121 S.Ct. 1252 (2001), and United States v. Hubbell, 530 U.S. 27 (2000), indicate that its current members share, for the most part, an expansive view of the Self-Incrimination Clause. Put Some Bite In Your Information Technology Protection, or It Can BiteYou Back William J. Cook of Wildman Harrold Failure to implement adequate information protection not only exposes your business to the risk of unwanted network intruders; it also exposes you to the risk that courts will make your business decisions for you. In the absence of a national security standard, courts have been willing to step in and make decisions for businesses who have delayed in establishing aggressive security measures, and they have done so based on several theories: privacy of personal information; protection of trade secret information; and concern about the impact of hostile technology on the U.S. economy's critical infrastructure. The Woes of WAL-MART: A Lesson In Independent Contractor Practices And Immigration Law (Non)Compliance Carol A. Entelisano of Tanner & Guin, L.L.C. News headlines over the last 18 months have been sprinkled with reports of the federal government raiding and prosecuting employers for violations of the immigration laws. The government is looking beyond the mere labels of "independent contractor" to see if the employer had knowledge of its contractors' practices. In this type of environment, prudent employers who do not want to be the target of a federal investigation or prosecution will review their immigration law compliance efforts and make sure that they, and their executives, are not aware of violations by their contractors.
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