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Privilege Dwindles for Data Breach Reports
Data privacy lawyers and cyber security incident response professionals are losing sleep over the growing number of federal courts ordering disclosure of post-data breach forensic reports. Following the decisions in Capital One and Clark Hill , another district court has...
A Picture Is Worth a Thousand Words—and Maybe a Thousand Bucks Too, According to the NCAA
The NCAA has implemented a blockbuster temporary policy allowing college athletes to be paid for the use of their name, image, and likeness (NIL). This reversal of the NCAA’s long-standing ban against compensation to college athletes opens up new opportunities...
Cruisin' for a Bluesin': Timeless Titans Tangle Over Smart-Car Technology Brands
Two titans of the American automotive industry are locking horns over branding for automated driving technologies, underscoring the importance of brand clearance before marketing and selling a new product or technology. GM and its subsidiaries Cruise LLC and GM Cruise...
Latest CDC Mask/Testing Guidance Requires Employers to Evaluate Workplace Rules
The COVID-19 Delta variant has prompted a u-turn by the Centers for Disease Control and Prevention (“CDC”) on certain of its previous recommendations. In response, employers should take note that their workplace policies may require some re-routing. In announcing the...
Sustaining the Green Energy Revolution
As greenfield renewable energy developments accelerate in size and volumes, while potential investors begin to rumble about sky-high prices in the renewables secondary market, questions are being asked whether a bubble is forming. We consider (on the back of our...
Don't Panic-Buy Your Cyber Policy: Evaluating New Approaches to Cyber Risk
Panic-buying made a post-pandemic comeback when a critical channel for gasoline, diesel, and jet-fuel was forced shut down in the wake of a ransomware attack. Suddenly, gas became the new toilet paper: a treasured commodity. Upticks in devastating ransomware attacks...
Methane Rule Changes Add Complexity for Oil and Gas Cos.
On June 30, President Joe Biden signed into law a resolution under the Congressional Review Act, or CRA, that disapproved a final rule adopted by the prior administration making significant changes to Title 40 of the Code of Federal Regulations...
Supreme Court's Ruling in NCAA v. Alston May Shake Up the Largely-Untapped Insurance Market Serving College Athletes
How much would you pay for Trevor Lawrence’s throwing arm? Anthony Edwards’s dunking prowess? What about the deft touch of the Nebraska women’s bowling team, who recently demolished Arkansas State to earn their sixth national championship since 2004? Typically, disability...
Liquidated Damages in the Context of a Termination: Supreme Court Reverts to the Status-Quo
The English Supreme Court has delivered its long-awaited judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 . Although the case concerns a commodity trading software system, it has broad application, notably to the construction...
FERC Launches Sweeping Effort to Gather Input on – and Potentially Overhaul – its Transmission Planning, Cost Allocation and Generator Interconnection Rules
On July 15, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Advance Notice of Proposed Rulemaking (“ANOPR”) requesting comment on a broad set of potential reforms to the Commission’s regional transmission planning, regional transmission cost allocation, and...
Bonuses Tied to Low Injury Rates: Will They Be Unacceptable to Biden's OSHA
In 2016, the Obama-era Occupational Safety and Health Administration (OSHA) issued regulations prohibiting employer retaliation against employees for reporting workplace injuries or illnesses. The regulations' preamble indicated that, under many circumstances, employee bonuses or other incentives tied to low injury...
President Signs Executive Order Directing Federal Agencies to Promote Competition and Increase Antitrust Enforcement
On July 9, 2021, President Biden issued Executive Order 14036 , “Promoting Competition in the American Economy,” which broadly targets anticompetitive practices and corporate consolidation across many sectors of the U.S. economy. The ambitious and wide-ranging Executive Order contains 72...
Cyber Attacks, and What to Do About Them With David Springer
David Springer joins us for a conversation about cyber attacks, cyber security, and how to stay protected from security threats.
Congressional Review Act Resolution Changes both Scope and Effect of EPA's Methane Rule
On June 30, 2021, President Biden signed into law a resolution under the Congressional Review Act (CRA) that disapproved a final rule adopted by the prior administration that made significant changes to 40 C.F.R. Part 60, Subpart OOOOa – the...
President Biden Signs Executive Order that Likely Will Lead to Greater Scrutiny of Data Privacy in Corporate Transactions
On July 9, 2021, President Biden signed an Executive Order titled “Promoting Competition in the American Economy.” Data privacy regulations are among 72 other initiatives in the Executive Order aimed at increasing competition through the issuance of agency rules and...