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Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment

October 17th, 2020|Categories: HB Emerging Law Notes, HB Risk Notes|Tags: , , , , , , , , , , |

MoginRubin LLP By Dan Mogin, Jonathan Rubin, Jennifer M. Oliver, and Timothy Z. LaComb Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment At a conference earlier this year on the Committee on Foreign Investment in the United States, or CFIUS, Assistant Treasury Secretary Thomas P. Feddo spoke with pride of the Committee’s increased funding, jurisdiction, expenditures, and more aggressive review activities. Feddo began the speech by detailing how CFIUS has implemented the 2018 Foreign Investment Risk Review Modernization Act, or FIRMMA, which expanded its jurisdiction and increased its funding. The Committee has invested in new IT infrastructure and personnel, and since May of this year, the Treasury Department has been collecting filing fees for voluntary filers, a new policy which creates a funding mechanism to supplement its budget. Feddo went on to discuss new [...]

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Podcast: Charlie Kingdollar on Social Disparagement

October 15th, 2020|Categories: HB Emerging Law Notes, HB Risk Notes|

HBLC · HBPC Charlie Kingdollar Social Disparagement - 10:8:20, 7.57 PM Charlie Kingdollar spent more than four decades with General Reinsurance, three-quarters of which as the company's Emerging Issues Officer. One colleague described him as "one of the most prescient and gifted industry futurists I have met in my 36 year professional career within the insurance industry. Entertaining and insightful, his ability to digest and communicate complex issues, many before they are readily apparent, is both a gift and a talent." Follow him on LinkedIn. Charlie Kingdollar on Social Media Disparagement Are the risks posed by social media -- which has added jet fuel to one person's ability to smear another -- adequately addressed by the insurance market? It was my pleasure to interview Charlie for our first emerging issues podcast. It's based on his article on social disparagement which [...]

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Cryptocurrency Article and Webinar

September 23rd, 2020|Categories: HB Emerging Law Notes, HB Risk Notes|Tags: , , , , , , , , , , , |

Cryptocurrency: The Good, The Bad, and the Tricky According to a recent Visual Capitalist article, there are now more than 5,000 cryptocurrencies in circulation, fueling an exploding $200 billion industry. Clearly it is a boom time for virtual asset service providers, or VASPs, like cryptocurrency exchanges and wallet providers. Despite its notoriety, mystique still surrounds cryptocurrency, from its use of blockchain technology, to the benefits and weaknesses of trading decentralized money, to national security implications. With crypto’s rise comes global implications. Its use often makes its way into headlines about criminal activity, such as the recent arrest of a 19-year-old and his friends for their alleged roles in a highly publicized Twitter hack. Forensic tools are in a constant state of development. For example, blockchain analysis tools assisted investigators in quickly identifying the young Twitter hackers, according to a post on the CipherTrace blog. Two Sides of the Digital Coin. There are many upsides to [...]

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Climate Change Litigation Expands with Addition of Hoboken, NJ’s Suit Against Big Oil

September 14th, 2020|Categories: HB Emerging Law Notes, HB Risk Notes|Tags: , , |

Excerpt of Sept. 2, 2020 post at HobokenNJ.gov. Decades-long campaign of misinformation has directly contributed to effects of climate change in Hoboken, City seeks relief for costs associated with climate adaptation efforts. Hoboken Mayor Ravi S. Bhalla today announced that the City of Hoboken has filed a lawsuit in Hudson County against Exxon Mobil, other Big Oil companies, and the American Petroleum Institute for a decades-long campaign of misinformation related to climate change and its devastating impact on Hoboken. According to the lawsuit, Big Oil companies have caused substantial harm to the public in Hoboken and New Jersey by actively lying about the detrimental effects of their products when in fact their own research indicated otherwise, all in order to generate multibillion dollar profits by producing, marketing, and selling vast quantities of fossil fuels. Big Oil engaged in a continuous practice of misleading the public about climate [...]

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European Union’s Top Court Strikes Down EU-US Privacy Shield

August 25th, 2020|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , , |

European Union's Top Court Strikes Down EU-US Privacy Shield The Court of Justice for the European Union has invalidated the EU-US Privacy Shield as an approved mechanism for transferring personal data from the European Union to the United States. The Privacy Shield had been in place since October 2015, and enabled U.S. companies to more easily receive personal data from EU entities. The decision by the court “leaves many companies scrambling to implement alternative mechanisms to safeguard personal data transfers to the U.S.," says Sten-Erik Hoidal of Frederikson & Byron, P.A. With the invalidation of the privacy shield, companies are essentially left to decide on their own how data will be lawfully transferred. Attorneys from Perkins Coie recommend companies “consider amending any data processing addenda (DPAs) which companies have signed with vendors or customers to incorporate the EU Standard Contract Clauses.” Moving forward, U.S. and European companies will now attempt to create a new deal [...]

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$3M Transferred in Fraud Scheme, Law Firm Gets Sued, Says It Followed Client Instructions

July 29th, 2020|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , |

$3M Transferred in Fraud Scheme, Law Firm Sued, Says It Followed Client Instructions Two related foundations hired a big law firm to sell stock and execute a merger via wire transfer. Cyber fraudsters had other ideas. Posing as stock seller, and intercepting a verification email, the perpetrators grabbed $3.1 million. The foundations sued the firm in state court in Utah, claiming the firm should have red-flagged certain inconsistencies and known it was being duped. The firm should also have picked up the phone to verify the source of the fraudulent emails and documents. Not so fast, the firm maintains. The plaintiff was not a client and it was only acting on wiring instructions sent via the plaintiff's email system and provided the instructions to the paying agent. The money was sent to the account of an alleged furniture company in Hong Kong. Sorenson, et al. [...]

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Microsoft Sued Over Data Sharing in Class Action

July 26th, 2020|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, HB Tort Notes|Tags: , , , , , , , |

Microsoft Sued Over Data Sharing in Class Action Consumers, including individuals and companies, filed a class action complaint  against Microsoft in U.S. District Court for the Northern District of California, claiming the company shared consumer data without consent to subcontractors and third parties, including Facebook, despite policies that stated otherwise.  The plaintiffs accused Microsoft of “misrepresenting its privacy and security practices, violating federal and state law, and illegally sharing and using its business-class Microsoft Office 365 and Microsoft Exchange customers’ data.”  Read more from Law Street Media: https://lawstreetmedia.com/tech/microsoft-sued-over-data-sharing-in-class-action/

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Business Interruption and Other Coverage Disputes Over COVID-19 Claim Denials

July 19th, 2020|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , , , |

When it Comes to COVID-19 Shutdown Losses, Businesses Say Yes, Insurers Say No    Whenever a dispute arises over insurance coverage, the advice always starts off with “read the policy.” Well, policyholder businesses and insurers across the country are reading the same policies, but you wouldn’t know it. Claims are made. Claims are denied. Insureds say they are damaged. Insurers say they aren’t. And, because billions of dollars hang in the balance, litigation is born. And when you start messing with our favorite taste sensations, you know the sh!t is getting real. Here are a few recent actions for insurance law watchers out there.  --Tom Hagy, Managing Director Insurer-insured relationships sour in Wisconsin, Minnesota, and Tennessee.   Owners of the popular Madison Sourdough bakery lost tremendous business because of a statewide “safer at home” order. Patrons and restaurants were denied their Viennoiserie, “yeast-leavened breakfast pastries,” a treat they came to love. The same was true for a chain of taverns, Willy McCoys. The drinking and eating establishments could not serve their loyal following of “everyday Joes” due to the COVID-19 [...]

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Cannabis, CBD: Advertising and Drug Test Problems

July 12th, 2020|Categories: Cyber Risk, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , , , |

COVID-19 vs Cannabis: Are Closures Legal? In the category of “damned if you do; damned if you don’t,” Massachusetts Governor Charlie Baker shut down recreational cannabis shops, citing concerns over the spread of COVID-19. The dispensaries say the shutdown could seriously damage the industry. But, the governor said, the spread of disease will continue to damage the health of his constituents, especially as residents of states where recreational marijuana is illegal, come to Massachusetts to do their cannabis shopping. Citizens of the state may still obtain medical cannabis, as reported by WBUR. Too Much TCH: Can CBD Use Cost You Your Job? A New York truck driver has sued a CBD company for allegedly making a product, which he says he uses for pain relief, with too much THC, more than the label indicates. A Pennsylvania woman filed a similar case and a Missouri school bus [...]

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The Dark Net: Anonymity, Infrastructure, and the Future

July 10th, 2020|Categories: HB Emerging Law Notes, HB Risk Notes, Tort Litigation|

Register Webinar Info Wednesday, Aug. 5, 2020 United States 8am PT | 10am CT | 11am ET United Kingdom 4pm BST Get CLE or CPE, a complete set of materials, and answers to your questions! Email us your: Speaker questions CLE questions Topics Covered Physical and Logical Topology and Method of Data Transmission Using the Dark Net for Threat Hunting Hacking Groups and Malicious Hackers   The Future of The Dark Net and Anonymity The Dark Net: Anonymity, Infrastructure, and the Future Is the Dark Web Getting Darker?  Wed., Aug. 5, 2020 | Produced for Access Data by HB Litigation Conferences The web, however singular it may seem from behind an everyday user’s computer or smartphone screen, comprises three distinctive parts: the public net (or web), the deep net, and the dark net. Though the dark net [...]

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Contract Drafting Fundamentals

July 2nd, 2020|Categories: Emerging-On-Demand-CLE, HB Risk Notes|Tags: , , , , |

Register Now Contract Drafting Fundamentals: What I Wish They Taught Me in Law School Speaker: Will Marshall | Partner UBM Law LLP Date: Thursday | July 23, 2020 Time: 2pm ET 1pm CT 12pm MT 11am PT Duration: 75 minutes Price: Early Bird Registration: $75 After July 14: $95 Special: Complimentary with discount code! What you get: CLE credit Course materials Webinar recording Answers to your questions! Contact CLE Manager Get practical insights on contract drafting. For new and seasoned attorneys alike, this 75-minute program will cover core, practical aspects of contract drafting, including a broad range of fundamental concepts, skills, and tips.  The program is designed to make you a more deliberate drafter and improve your ability to assess the purpose and effectiveness of each provision in your contract.  We will discuss not only what is on the [...]

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Organizational Values & Coronavirus Business Risks | Join Our Webinar June 18

May 19th, 2020|Categories: HB Risk Notes|Tags: , , , , , , , , |

Webinar: June 18, 2020 2:00 pm ET 60 mins. CLE: 1+ Complimentary with registration. Get: +CLE +Materials +Recording +Answers! Also available to subscribers of the West LegalEdcenter. Register there! Email us your: Speaker questions CLE questions Speaker: Professor Edward L. Queen Ph.D. , J.D. Director Ethics and Servant Leadership: Emory Center for Ethics Emory University Organizational Values & Coronavirus Business Risks Properly Balancing Stakeholder Concerns Thursday, June 18, 2020 | 2pm ET | 1pm CT | 12pm MT | 11am PT  The pandemic brings with it complex liability concerns, stakeholder demands and legal duties.  We will take a closer look.  The current pandemic confronts businesses, nonprofit organizations, governments, and the legal profession with innumerable ethical challenges.  Management issues and liability concerns, stakeholder demands and legal duties become even more complex in an environment of uncertainty and [...]

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