Legal Insights

Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.

Featured Articles

The European Regulation on Data Protection and Brexit

Anna Viladàs Jené

After many years of negotiations, on 27 April 2016, the European Regulation concerning the protection of individuals in respect of the processing of personal data and the free movement of this data (hereafter, “the Regulation”), has finally seen the light of day.

The Past, Present, and Future of Data Privacy

Kelly L. Frey Sr.

It is always important to remember that our world is largely the result of fortunate accidents.

Recent Developments on Privacy and Data Protection in Brazil

Ricardo Barretto Ferreira da Silva and Camila Taliberti Ribeiro da Silva

A change of paradigm is urgent and requires a robust legislation on personal data protection.

The Future of Data Privacy: You Can Run but You Can’t Hide (or Can You?)

Chad W. King

In Ernest Cline’s dystopian novel "Ready Player One," the world’s population is addicted to a virtual reality game called the OASIS.

What Is the Future of Data Protection?

Holly K. Towle

One answer is that it’s bleak.

Your Cloud Contracts Shouldn't Bury Limitation of Liability Clauses in the Fine Print

John P. Hutchins

In most states, there is no general applicable rule of law forbidding one contracting party from waiving all recourse in the event of breach by the other.

Bringing Cloud Liability Down to Earth

Jim Steinberg and Lance McCord

Unlike most traditionally licensed software, cloud solutions also put the customer at risk by transmitting, storing, and processing the customer’s data outside of the customer’s networks.

Cloud Computing: An Exercise in Architecting Trust

Kelly L. Frey Sr.

Rather than the cloud being a thing, it is actually a process.

Into the Breach

John Ettorre

Data breaches have become inevitable. Here’s what you can do to respond.

Five Tips for Cloud Computing Businesses

Frederic M. Wilf

Cloud computing continues to be a powerful and cost-effective means to build a business with international reach.

My Data My Rules: An Overview of Data Protection in Brazil

Fábio Pereira

Should Consumers Own Their Data?

Best Lawyers

Information technology lawyers weigh in on the question of data ownership following the GDPR's passage.

Biometric Data in the Workplace

Fisher Phillips

Potential risks and legal considerations.

FinTech Might Put Your Data Privacy at Risk

FinTech Innovation Poses Data Privacy Challenges

Michael Brown

FinTech companies are disrupting traditional financial models—and creating new data privacy concerns.

New Australian Data Breach Notification Laws

Giovanni Marino

The Privacy Act 1988 (Cth) (Act) has been amended by the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (the Amending Act). The Amending Act introduces a mandatory data breach notification regime where an “eligible data breach” occurs. The amendments will commence on February 23, 2018, unless they are proclaimed to commence earlier.

An Interview With Bastian Finkel of BLD Bach Langheid Dallmayr, Germany's 2019 "Law Firm of the Year" Winner in Insurance Law

Best Lawyers

A look at the new European policies changing the insurance landscape in Germany.

Are You Equipped to Manage the Internet of Things?

Morgan Gebhardt

Are IoT technologies nice-to-have “apps” or necessary business components?

A Startup Accelerator Program Sets Cuatrecasas Apart

Best Lawyers

Miguel de Almada and Frederico Bettencourt Ferreira from the Portuguese firm discuss their 2019 "Law Firm of the Year" award for Litigation and Arbitration.

How Do I Protect My Child from Online Predators?

Kelly L. Frey Sr.

New technologies open up new ways for children to be exploited online. The Children’s Online Privacy Protection Act offers a solution.

2019 Women in the Law at a Glance

Best Lawyers

2019 "Women in the Law" by the numbers.

Initial Data Shows that PTAB Is Not a ῾Death Squadʼ for Biologic Drug Patents

Corinne E. Atton and April M. Breyer

The March 2017 statistics issued by PTAB report that across all technologies, all challenged patent claims are found patentable in only 19 percent of inter partes review (IPR) final written decisions.

FTC Files Complaint Against Manufacturer of IoT Devices for Deficient Security Measures

Françoise Gilbert

The FTC, on Jan. 5, 2017, filed a complaint in the Northern District of California against an IoT device manufacturer and its U.S. subsidiary for failure to take reasonable steps to secure the products that they sell to the United States market.

What are ‘Reasonable Steps’ to Protect Personal Information’? 5 Key Lessons from the Privacy Commissioner’s Determinations

Philip Catania

It is important to implement reasonable steps to protect any personal information they hold against misuse, interference, loss, unauthorized access, modification or disclosure.