Ten Years Later: Data Governance in the Decade of the Data Breach

It has been 10 years since the term “data breach” first hit the media and became recognizable by the public. Notices issued in 2005 by companies in response to California SB 1386 ushered in a public understanding of the importance of data security that those of us dealing with technology had appreciated long before then. Legislatures in 47 states passed breach-notification statutes building on the California law.

What Law Firms Can Do To Protect Themselves Online

The lifeblood of a law firm is the information—often incredibly sensitive information—that flows through it. Clients expect lawyers to keep their confidential information from falling into the wrong hands, and law firms that cannot do this will soon find themselves out of business. Even beyond the goal of maintaining security to keep clients happy, lawyers have a legal and ethical duty to protect this information and can face severe repercussions if they are not able to do so.

A Week at the War College: A Mediator's Memorial Day Reflection

One of the benefits of membership in the FBA is the opportunity to meet impressive and accomplished people and to form lasting friendships. I never could have imagined that one consequence of these friendships was that I would spend a week at the U.S. Army War College in Carlisle, Pennsylvania, attending its National Security Seminar (NSS) with a number of other civilians and several hundred colonels from the United States and 67 other countries.

Competing Sovereigns: Circuit Courts’ Varied Approaches to Federal Statutes in Indian Country

The Federal Lawyer’s April 2015 Indian Law issue detailed “jurisdictional hooks” that allow private parties to sue Indian tribes in employment-law cases.1 The topic is an important one. Some federal laws expressly apply to tribes and allow suit, but Congress expressly exempted tribes from other laws. Where the text of a federal statute appears to apply nationwide (a “statute of general applicability”) but neither includes nor excludes tribes, practitioners face a particularly difficult task. Federal circuit courts apply divergent, often-conflicting analyses to determine whether these silent statutes apply to tribes.

Making Superhero Chapter Leaders

For those comic book fans out there, you are no doubt familiar with this tag line regularly repeated by those in need immediately before Superman would swoop in and save the day. Since Superman first appeared in Action Comics #1 in 1938, we have looked among ourselves to find leaders and heroes to guide us through periods of difficulty and maintain periods of calm.


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