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S.E.C.’S New Cybersecurity Examination Initiative Puts People Issues First

The Securities and Exchange Commission (SEC) is commencing a new round of cybersecurity examinations of investment advisers, investment companies and broker-dealers. The agency’s Office of Compliance and Inspections (OCIE) issued a Risk Alert and sample information request on September 15, 2015 that shows that at least one U.S. government agency agrees with most cybersecurity experts …

Microsoft Irish Data Appeal: Sovereignty vs. Control

Oral arguments were heard by the U.S. Court of Appeals Second Circuit on September 9, 2015, and the positions could not have been more starkly opposed. “This case is about sovereignty,” argued Microsoft in an appeal after the finding of contempt against it for not producing data held in its data center in Ireland that …

What to Know About the NLRB Decision in Browning-Ferris Industries

Last Thursday, the National Labor Relations Board (“NLRB”) issued its decision in Browning-Ferris Industries of California, which for many employers will have rather dramatic consequences.  Browning-Ferris involved a subcontractor, Leadpoint Business Services, who provided labor for the Browning-Ferris recycling facility.  In finding that the two companies were joint-employers, the NLRB set a two-prong standard – …