LexisNexis® Legal Newsroom
Norton Rose Fulbright: California to Open Rulemaking Into Prop 65 Lead Levels

By Will Troutman (US) In response to a petition from the Center for Environmental, the California Office of Environmental Health Hazard Assessment will initiate a rulemaking to update the current 0.5 µg/day safe harbor level for lead. The implications are huge, as years of Prop 65 settlements...

Troutman Sanders LLP: Criminalization of Robocalls?

U.S. Senator Chuck Schumer (D. N.Y.) has introduced a bill that would criminalize the act of knowingly initiating a commercial robocall without the prior express written consent of the recipient. The bill, S. 1681, defines a “commercial robocall” as a telephone call made for the purpose...

Norton Rose Fulbright: California ARB Starts 2013 Consumer Products Survey Enforcement Roundup, Launches 2014 Portal

By Will Troutman Recap on 2013 reporting and enforcement | ARB reported registrations for 1,400 Responsible Parties and 700 formulators registering. Of those, 1,300 have reported completion of the survey. ARB has published a summary of the 2013 data , which includes listing the Responsible Parties that...

Peter S. Vogel: Google Law: Google Decides if Sites May Force Apps

By Peter S. Vogel One might conclude that Google is the Internet law maker after “Google said that starting in November it would begin penalizing sites that show these “please install our app” ads.” The New York Times article on September 2, 2015 entitled “ Competitors...

Peter S. Vogel: CYBERALERT: .zip and .review are in the Top 10 Most Dangerous Top Level Domains (TLD)!

By Peter S. Vogel Most folks ignore anything to the right of the “.” but Blue Coat warns about the explosion in TLDs and “created a list rating the web’s shadiest and safest neighborhoods” based “on analysis of web requests from more than 15,000 worldwide businesses...

Peter S. Vogel: 11 Things to Do Before Your Laptop (Cell or Tablet) Disappears

By Peter S. Vogel I paste business cards to all new laptops, iPhones, and iPads because maybe somebody will steal the device or I might just lose it, which is likely since Networkworld estimates are “that a laptop is lost every 53 seconds.” The September 10, 2015 Networkworld report is...

Peter S. Vogel: FBI ALERT: Cyberattacks Directed at IoT (Internet of Things!) and Strong Passwords Can Help!

By Peter S. Vogel The FBI “is warning companies and the general public to be aware of IoT vulnerabilities cybercriminals could exploit” and encourages the use of strong passwords according to a FBI September 10, 2015 Public Service Announcement (PSA) entitled “ Internet of Things...

Keller and Heckman LLP: In Turnaround, California Abandons Restrictive ‘Made in USA’ Standard

California Governor Jerry Brown (D) signed into law an amendment to the state's strictest-in-the-nation "Made in USA" law earlier this month. Previously, incorporation of any element that was foreign sourced -- even a single screw on a treadmill -- made an unqualified U.S.-origin claim...

Norton Rose Fulbright: President Obama Signs New Online Warranty Law

By Susan Ross (US) President Obama has signed the E-Warranty Act of 2015 (PL 114-51). The new law amends the federal Magnuson-Moss Warranty Improvements Act (15 USC § 2302(b)) by permitting (not requiring) consumer product warranties to be made available online. If a consumer product manufacturer...

Keller and Heckman LLP: China's New Food Safety Law is in Effect

China's new Food Safety Law (FSL) became effective on October 1, 2015. The law was passed earlier this year, in response to several high-profile food safety scandals and the need for China to harmonize with the global practice of food safety management. The new law includes a number of significant...

Peter S. Vogel: Cyber Theft of Millions Caused by Phishing Malware!

By Peter S. Vogel Criminal charges have been filed against the botnet administrator of “Bugat,” “Cridex” or “Dridex” which is a “sophisticated malware package designed to steal banking and other credentials from infected computers” and the “FBI...

Norton Rose Fulbright: New California Consumer Products Legislation

By Will Troutman (US) Last week marked the last chance for California Governor Jerry Brown to sign or veto legislation the California Legislature passed this year. The legislation goes into effect January 1, 2016. Although it was a quiet year for consumer products, several of the new laws are significant...

Ballard Spahr LLP: California Updates Data Breach Notification Statute

By Odia Kagan, Philip N. Yannella and Roshni Patel Three bills that will update California’s data breach notification requirements have been signed into law by Governor Jerry Brown. The bills impose specific requirements on providing breach notification to consumers, add a definition of “encryption...

DLA Piper LLP: Plan now to use off-band communications during an incident response: key points

By Tara McGraw Swaminatha Your company is in crisis mode in the throes of a security incident response (IR). But you are calmly executing your well-honed IR plan − a plan you developed and tested during mock exercises over the past year. You are confident in your team’s ability to triage...

Norton Rose Fulbright: California Attorney General seeks to change Proposition 65 settlement landscape

By Lauren Shoor Continuing a flurry of activity this year to reform Proposition 65 in California, the Office of the Attorney General is proposing amendments to the Proposition 65 regulations that would affect settlement terms, penalty amounts, and attorneys’ fees in civil actions filed by private...

Duane Morris LLP: FDA Publishes Revised Guidance on Product Tracing Requirements for Dispensers

On November 27, 2013, the Drug Supply Chain Security Act (DSCSA) was enacted “to build an electronic, interoperable system by November 27, 2023, which will identify and trace certain prescription drugs as they are distributed in the United States.” This year, trading partners were required...

Duane Morris LLP: FDA Publishes Draft Guidance Documents on Compounding Using Bulk Drug Substances

On October 27, 2015, the U.S. Food and Drug Administration (FDA) published notice of two draft guidance documents in the Federal Register [1] : “Interim Policy on Compounding Using Bulk Drug Substances Under Section 503A of the Federal Food, Drug, and Cosmetic Act” [2] and “Interim...

Peter S. Vogel: SEC Declares Planning for Prevention and Detection of Cyber Intrusions is Essential!

By Peter S. Vogel In a recent speech SEC Chair Mary Jo White declared that while “cybersecurity attacks cannot be entirely eliminated, it is incumbent upon private fund advisers to employ robust, state-of-the-art plans to prevent, detect, and respond to such intrusions.” On October 16...

Peter S. Vogel: Cyber Intrusion Responsibility Shared by General Counsel & IT

By Peter S. Vogel It is imperative that General Counsel learn IT technology and lingo- and that IT legal jargon given a recent survey identified that in almost 450 companies 31% rely on IT and 21% rely on General Counsel to be primarily responsible for assuring legal compliance when cyber intrusion...

Peter S. Vogel: Cyber Intrusion Planning Should Include Training Employees about eMail

By Peter S. Vogel Everyone should already know cyber intrusions are “when not if,” so the Federal Communications Commission (FCC) prepare a tool which “is designed for businesses that lack the resources to hire dedicated staff to protect their business, information and customers...

Troutman Sanders LLP: Trump Hotels Hit With Data Breach Class Action Lawsuit

A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach. The suit asserts claims under “state consumer...

Peter S. Vogel: Advice about Cybersecurity Blind Spots Including Cloud Access

By Peter S. Vogel A report from Tenable Network Security identifies that blind spots “can increase legal risk because information retention policies designed to limit legal liability are very unlikely to be applied to electronically stored information (ESI) contained on unauthorized cloud, mobile...

Peter S. Vogel: MaaS (Malware-as-a-Service) – the Cybercrime Cloud Service NO ONE Wants to Think about

By Peter S. Vogel According to the 2015 Threat Report about MaaS is that the “ average price for exploit kits is usually between $800- $1,500 a month, depending on the features and add-ons” and the “price is likely to remain low due to increased competition.” The Websense Report...

ACC Foundation Releases Largest Study of its Kind on Cybersecurity Among In-House Counsel Underwritten by Ballard Spahr LLP

The Association of Corporate Counsel Foundation (ACC) released a State of Cybersecurity report underwritten by Ballard Spahr on December 9, 2015. The report provides valuable insights on cybersecurity issues from more than 1,000 corporate lawyers at 887 organizations worldwide—most of whom hold...

Privilege Protects Cyber Breach Investigation: A Norton Rose Fulbright Whitepaper

By David Navetta and Kris Kleiner On October 23, 2015, the Federal District Court in Minnesota upheld Target’s assertion that documents produced pursuant to an internal investigation of its 2013 security incident fell within the protections of the attorney-client privilege and work-product doctrine...