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Demystifying Congressional Investigations: A Conversation With Stephen Braga
On this episode of the Bracewell Sidebar , we talk with Stephen Braga about the ins and outs of Congressional investigations. Steve chairs Bracewell’s government enforcement and investigations practice . Over the course of his career, he has been involved...
China's New Data Privacy Law Is Sweeping and Serious: Avoid the High Cost of Noncompliance
Last Friday, China passed the world’s harshest data privacy law, threatening violators with fines of up to 50 million Yuan (or about $7.7 million at the time of publication) or 5% of annual revenue. The Personal Information Protection Law (“PIPL”)...
SEC Is Still Cyber Serious About Disclosures
On the heels of the First American enforcement action and settlement , this week, the SEC announced a settlement with Pearson plc in connection with a 2018 cyber breach. The SEC disclosed that Pearson, a London-based educational company, agreed to...
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...
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...
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...
Will Mandated ESG Disclosures Lead to Increased Litigation Risk?
With the Securities and Exchange Commission resolute in its efforts to establish new disclosure requirements related to environmental, social and governance (ESG) risks, companies appear increasingly resigned to some measure of mandatory reporting. But these companies haven’t yet given up...
Rare Judgment from Commercial Court on Scope of AA 1996, s 32 and Its Interaction With AA 1996, s 72 (Armada Ship Management v. Schiste Oil And Gas Nigeria)
Arbitration analysis: In recognition of the relative rarity of applications under section 32 of the Arbitration Act 1996 (AA 1996), Mrs. Justice Cockerill in the Commercial Court elected to hand down a written judgment in respect of an application for...
SEC Gets Cyber-Serious About Disclosures
As cyberattacks continue to attract greater attention, the SEC has taken an additional step in its efforts to bring enforcement actions related to cyber disclosures. On June 14, the SEC announced settled charges against a real estate settlement services company...
Adding Insult to Injury - Texas Creates Cyber Wall of Shame
This week Texas Governor Greg Abbott signed into law HB 3746 , which amends the state’s data breach notification statute. Following states like Maine, California, and Washington, HB 3746 requires the Texas Attorney General (AG) to publish a public record...
ESG Seminar: ESG Fundamentals and Litigation
ESG Fundamentals – Origins, Drivers, Frameworks, Ratings, Commitments - Kevin Ewing & Tim Wilkins Litigation and Other Legal Risks in Corporate ESG Reporting and Disclosure Active State Enforcement - Kevin Ewing & Tom Kokalas SEC/DOJ Enforcement - Seth DuCharme &...
Biden Administration Prioritizes Increased and Broadened Anti-Corruption Enforcement
On June 3, 2021, the White House issued a memorandum announcing anti-corruption as a core national security interest. The memorandum explains that, “[c]orruption threatens United States national security, economic equity, global anti-poverty and development efforts, and democracy itself.” It directs...