Scott A. Carlson

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On May 11, President Trump signed Executive Order (EO) on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure. This is a significant development for U.S. cybersecurity as it represents a concrete call to action for the government to modernize its information technology, beef up its cybersecurity capabilities, protect our country’s critical infrastructure from cyberattacks, and ensure the overall cybersecurity and privacy of the internet for generations to come. The EO also stresses the…
On January 5, 2017, the Federal Trade Commission (FTC) sued for permanent injunction a Taiwan-based computer networking equipment manufacturer D-Link Corporation and its U.S. subsidiary, alleging that D-Link’s inadequate security measures left its wireless routers and IP cameras used to monitor private areas of homes and businesses vulnerable to hackers, thereby compromising U.S. consumers’ privacy. In the complaint filed in the Northern District of California, Federal Trade Commission v. D-Link Systems Corp. et al., Case…
The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) has released its Commentary on Proportionality in Electronic Discovery. The public comment period on the Commentary closed on January 31, 2017. This Commentary was much anticipated given the revamping of Rules 26(b)(1) and 37(e) of the Federal Rules of Civil Procedure in December 2015, which directly affected the scope of eDiscovery in federal litigation. The 2015 amendments were aimed at curbing gamesmanship and…
President Trump is expected to sign soon Executive Order on Strengthening U.S. Cyber Security and Capabilities.   Reports about a “leaked draft” of the Executive Order on Cybersecurity surfaced on the Internet a few days ago, along with predictions that the Order will be signed on January 31.  The Order is yet to be signed and the publicized draft may undergo some changes.  The available draft orders three reviews: Review of Cyber Vulnerabilities, which asks,…
Two recent rulings out of the Delaware Court of Chancery have highlighted the importance of clearly defining the terms of pre-closing obligations. In an M&A transaction, it takes significant time to get from a signed letter of intent to a closed deal. Pre-closing obligations, and the level of effort a party is required to exert to meet those obligations, are typically subject to heavy negotiation. While practitioners tend to negotiate according to a sliding scale of efforts standards—”commercially reasonable efforts,”…
The Department of Health and Human Services (HHS) and other Federal Departments and Agencies closed the comment period for the Federal Policy for the Protection of Human Subjects notice of proposed rulemaking (NPRM) on January 6, 2016 after extending the initial period due to robust response. The proposed rulemaking is the most sweeping since 1991 when HHS codified The Common Rule, 45 C. F. R. part 46, and recognizes the changed research environment with many multisite…