BLT: September 2017

 

Feature Articles

The Importance of Cybersecurity Due Diligence in M&A Transactions

Most enterprises today are dependent on digital data and network systems. Virtually all of a company’s daily transactions and key records are created, used, communicated, and stored in electronic form using networked computer technology. This has provided companies with tremendous economic benefits. However, the resulting dependence on electronic records and a networked computer infrastructure also creates significant potential vulnerabilities that can result in major harm to the business and its stakeholders in the event of a security breach.

The New Oil: The Right to Control One’s Identity in Light of the Commoditization of the Individual

This is the third article in a three-part series exploring Europe’s Right to be Forgotten in the context of an American Right to Dispute Personally Identifiable Information directly with private entities, such as consumer reporting agencies or search engines. It reaches the conclusion that based on the magnitude of consumer-specific data in the possession of such private entities, the debate has shifted from the inherent fairness of generating temporary “snapshots” of creditworthiness or moral character to the fundamental control of one’s identity in light of the “commoditization of the individual.”

When Information Security Became a Lawyer’s Thang

This article explores how lawyers can and should play a greater role in dealing with information security. Companies are exposed to an endless assault on their IT. No longer a harmless prankster seeking attention, hackers and cyber criminals are breaking into servers, computers, and Cloud providers in an attempt to steal a treasure-trove of personal and confidential information for economic advantage. Lawyers and legal departments are necessary in combating these information security issues, and combatting information terrorism.

Departments

MEMBER SPOTLIGHT: An Interview with Judge Clifton Newman

Judge Clifton Newman has had many roles in the legal profession. Prior to being elected Court Judge by the South Carolina General Assembly in 2000, he was a partner in his own law firm, first in Cleveland, Ohio, then in Columbia and Kingstree, South Carolina. He also served as a defense attorney, civil practitioner, and prosecutor. “I’ve run the gamut, as far as handling all aspects of the law,” says Judge Newman. He’s been very involved with the ABA’s Judges Initiative Committee of the Business Law Section, which seeks to increase judicial involvement in the section.

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