Our lawyers are thought leaders in IT compliance management and are often invited to submit articles for publication. Some of the publications we have authored may be found here. Click the description below to view the entire document.
RECENT PUBLICATIONS
Attorney Malpractice Claims Regarding Patents Must be Heard in Federal Court
By Jonathan C. Scott
According to the Federal Circuit, a state-law claim that an attorney committed legal malpractice in connection with patent prosecution or patent litigation must be heard in federal court even when there is no diversity jurisdiction and all the claims are based on state law. The decision may impact malpractice claims in other areas as well, given the court’s pronouncement that “a federal court ought to be able to hear claims recognized under state law that nonetheless turn on substantial questions of federal law.
Ethical Considerations for Attorneys in Responding to a Data-Security Breach
By Robert J. Scott & Julie Machal-Fulks
Attorneys are increasingly confronting the significant ethical issues raised when a data-security breach occurs. Many traps exist for the unwary in this newly evolving area of the law, where the applicable statutes have yet to be interpreted by the courts and e-discovery concerns abound. This article provides a legal framework in this area of the law and explores ethical considerations arising when an attorney represents a client that has suffered a data-security breach.
Check Those Credit Card Receipts: A FACTA Primer
By Jonathan C. Scott and Lawrence R. Lassiter
A once fairly obscure law regarding credit card receipts has recently become a serious issue for numerous businesses. Consumers are becoming more aware of their data privacy rights, and attorneys have filed numerous lawsuits across the country based on alleged violations of Fair and Accurate Transaction Act of 2003 (“FACTA”). Attorneys representing any company that accepts credit cards should learn about FACTA, their clients’ potential exposure, and ways in which liability can be avoided. Businesses that handle a wide range of consumer information should also be advised regarding the effects of the FACTA Disposal Rule, another provision intended to lessen the possibility of identity theft.
Complying with the GLBA Privacy and Safeguards Rules
By Robert J. Scott and Adam W. Vanek
In 2006 an estimated 9 million American adults were the victims of identity fraud at a total cost of $56.6 billion.2 There are a number of legislative efforts designed to protect the privacy, security, and confidentiality of customer data. One such law, the Gramm-Leach-Bliley Act (the “GLBA”), also known as the Financial Services Modernization Act of 1999, effectively repealed the Banking Act of 1933 and amended the Bank Holding Company Act of 1956.
The Business Impact of Data Breach
By Robert J. Scott
Reports of corporate data breach continue to pass through news headlines with such frequency that they barely merit a time slot in the evening news. However in 2006, as many as 9,300,000 Americans were victims of identity theft.
Does the Constitution Protect the Privacy of E-mails?
By Robert J. Scott and Julie Machal-Fulks
A government investigation of the company responsible for those ubiquitous “Enzyte” commercials and an indictment of individuals operating a lab manufacturing Ecstasy have given two federal appellate courts the opportunity to consider the privacy of e-mail communications.
Managing Software License Disputes: Cooperation or Litigation
By Robert J. Scott and Julie Machal-Fulks
When company executives are approached by software publishers who claim that the companies are violating the terms of their software licenses, they often wonder whether they should cooperate or dig in and prepare for litigation.
Privilege Lost When Testifying Expert Inadvertently Receives Privileged Documents
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- Jonathan C. Scott and Lawrence R. Lassiter
Location, Location, Location – Choosing and Challenging Venue in a Patent Case
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- Jonathan C. Scott and Christy Naylor
Avoiding Spoliation Sanctions Under the New Federal Rules of Civil Procedure
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- Jonathan C. Scott and Lawrence R. Lassiter
Jurisdictional Issues on the Frontiers of Cyberspace
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- Jonathan C. Scott and Lawrence R. Lassiter
Privacy, Network Security, and the Law
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- Julie Machal-Fulks and Robert J. Scott
Understanding The Connection Between Software Compliance and Sarbanes-Oxley
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- Robert J. Scott
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