All Articles

Calm Before the Storm? The latest on transatlantic data transfers following the demise of the Safe Harbor Framework

On October 6, 2015, the Court of Justice of the European Union (CJEU) effectively invalidated the U.S.–EU Safe Harbor Framework with its decision in Maximilian Schrems v. Data Protection Commissioner. The Safe Harbor Framework was established in 2000 by the U.S. Department of Commerce and the...

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Civil Rules Roundtable: Low Profile, High Impact

A change to Rule 34 that will likely have a significant impact on future federal discovery practice, but that has gotten far less press than it deserves, is Rule 34(b)(2)(B). The amended version of the rule will now require a responding party not only to either agree to the production as...

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Healthcare | Medical Devices

An Unhealthy Situation: Data breaches plague healthcare providers. Serious advance work can help.

Healthcare providers and health plans are among the most vulnerable organizations when it comes to data breaches. Failing to respond promptly yet accurately to a healthcare data breach can be particularly costly due to potential fines and penalties under the Health Insurance Portability and...

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Insurance Coverage & Recovery

Being Compromise Ready: Cyberinsurance is a key component of a strong defense plan

In his article in last month’s issue of MCC, “Learning to Live with Imperfect Security,” my partner Ted Kobus, co-leader of BakerHostetler’s Privacy and Data Protection team, noted that when it comes to data security, being “compromise ready” may be a company...

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Cybersecurity

Learning to Live with Imperfect Security: Report finds being "compromise ready" may be the best defense

Are You Prepared? A common question for almost any company is whether it is ready for a data breach. Perhaps the preferred question should be, “Are you compromise ready?” While the term “data breach” may be more familiar, it is not always accurate. Not every lost laptop...

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