Latest Articles

By Nick Cline, Dan Treloar, Katie Campbell Warranty and Indemnity (W&I) insurance, which seeks to bridge the gap between a buyer’s wish for deal protection and a seller’s desire for a clean exit, has become a common product in European M&A transactions. In our view, there is real value in having a thorough understanding of the process and key practical considerations for acquiring a policy. According to the Latham & Watkins 2016 European…
By Joshua T. Bledsoe, Marc T. Campopiano, and Max Friedman As California begins to turn the page on the first chapter of its efforts to combat climate change through AB 32 and to prepare for greater emissions reductions over the coming decades, the California Energy Commission (CEC) and California Public Utilities Commission (CPUC) are considering what these changes will mean for electricity transmission infrastructure. To that end, CEC Chair Robert Weisenmiller and CPUC…
Speakers: Jennifer Archie, Kevin Boyle, Gail Crawford & David Schindler The legal and business consequences of recent high-profile data breaches are varied and severe. Today, lawyers and executives for large enterprises must assess and advise on complex multi-jurisdictional notification, investigation, litigation and remedial issues that arise following a major data breach incident. How are general counsel and executives to respond to the broad spectrum of cyber intrusions that threaten a company’s most sensitive…
By Kevin Boyle and Alex Stout On Monday, the data security firm CrowdStrike released a new report pointing a digital finger at the Chinese Army for cyber espionage against western technology companies. It has long been known that some of the most serious cyber challenges stem from state-sponsored attacks using encryption, customized tools that anti-virus software cannot detect, and sophisticated means to bypass or compromise legitimate access controls.  The CrowdStrike report joins a spate of…
By Kevin Boyle and Alex Stout On Wednesday, the Attorney General of California released a new privacy guide, titled Making Your Privacy Practices Public.  The guide doesn’t purport to be a restatement of California law (or other law) and expressly disclaims that, but it does present what the AG’s office views as a best practice approach to crafting privacy disclosure materials while covering some unique California requirements.  It also highlights recent revisions to California’s…
By Larry Cohen and Gail Crawford While the popular press has been full of stories about the European Court of Justice’s (“ECJ”) ruling creating a “right to be forgotten” (ahead of the still pending Data Protection Regulation), we will focus on both the ruling as well as the specific questions referred to the ECJ that have far-reaching ramifications for global companies such as the test for applicability of national data protection laws. First, some background…
By Jennifer Archie, Kevin Boyle & Alex Stout Yesterday, the Federal Trade Commission announced a settlement with Snapchat, the young mobile messaging company. The complaint alleges misrepresentations about functionality and related security as well as privacy violations, including misrepresenting the amount of data Snapchat collected from users and the use of location data for analytics purposes.  Notably, some of Snapchat’s troubles flow from unauthorized third party applications that exploited issues in its non-public API.…
By Kevin Boyle & Alex Stout Hardly a day passes now without some new report of a security vulnerability with inevitable breaches that follow, but Monday’s news about the two-year old vulnerability in OpenSSL is (or should be) catching everyone’s attention.  The problem is a coding error in a widely used cryptographic software library for implementing secure connections between a website (or web interface on a hardware device) and its user (typically indicated by a…
By Ulrich Wuermeling On March 4, 2014, a policy debate was held in the European Justice and Home Affairs Council concerning the planned General Data Protection Regulation. The debate focused on several issues related to Chapters I through V of the draft Regulation. The main issues were the territorial scope of the Regulation and the provisions regarding data transfers to third countries. Most of the Member State representatives in the Council opted for a far-reaching…
By Matthew Murchison & Matthew Brill By all accounts, the number of class action lawsuits brought under the Telephone Consumer Protection Act against companies communicating by telephone, text, and fax has exploded in recent years.  These lawsuits—which rely on the private right of action at 47 U.S.C. § 227(b)(3) for violations of the statutory prohibitions in Section 227(b) “or the regulations prescribed thereunder”—often seek tens or hundreds of millions of dollars in damages under the…