Management Liability Update

Archive for the ‘Litigation Management’ Category

Xinhua: China Cyber Attacks Against Google Pure Fabrication

Icon February 24, 2010 – 6:48 am

In its sharpest defense to date, the Chinese Government – by way of its state-controlled media outlet, Zinhua News Agency - argues that it does not make sense to blame the recent corporate hacking incidents on the Chinese Government.   According to the February 24, 2010 People’s Daily article,  “China’s attitude toward cyber attacks has been unequivocal and has [...]



FTC Points Out P2P Risk

Icon February 23, 2010 – 7:40 am

In a February 22, 2010 press release, the Federal Trade Commission states that it notified “almost 100 organizations that personal information, including sensitive data about customers and/or employees, has been shared from the organizations’ computer networks and is available on peer-to-peer (P2P) file-sharing networks to any users of those networks, who could use it to commit identity [...]



OCR Website Posts List of Breaches As Required Under HITECH Act

Icon February 23, 2010 – 7:03 am

On February 22, 2010, as required by section 13402(e)(4) of the HITECH Act, the Office of Civil Rights (OCR) website posted a list of the covered entities that have reported breaches of unsecured protected health information affecting more than 500 individuals.  By posting this information on the OCR website, OCR has met its HITECH Act obligation, which required [...]



Is the Bar Against Non-Lawyer Equity Owners Outdated?

Icon February 1, 2010 – 7:02 am

Under Model Rule of Professional Conduct 5.4, “[a] lawyer or law firm shall not share legal fees with a nonlawyer” except under very limited circumstances.  Accordingly, it has long been the rule that only lawyers could manage or have an ownership interest in a law firm.   That is why, for example, no law firm (at least [...]



Data Breach Expenses and BCBS of TN

Icon January 27, 2010 – 10:17 pm

According to a news report, BlueCross BlueShield of Tennessee admitted on January 25th that it has spent more than $7 million to address an October theft of 57 computer hard drives.   The company said that it may have to spend millions more to assess what was on the missing computer records and to provide identity protection for affected customers.   According [...]



Use Your Existing Providers to Reduce Litigation in 2010

Icon December 29, 2009 – 6:37 pm

It should come as no surprise that our current deep recession has been  boosting corporate litigation.  According to a CFO article published earlier in the year, “[l]egal wrangling is erupting across the board as aggrieved plaintiffs battle over breached labor contracts, unwarranted executive layoffs, dubious financial disclosures, broken supply chains, ailing strategic partnerships, ravaged 401(k) plans, unjust [...]