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Spokeo, Inc. v. Robins: The Supreme Court Acts with Respect to Statutory Damages Class Actions

One-Hour Briefing  One-Hour Briefing

The U.S. Supreme Court’s May 16, 2016 decision in Spokeo, Inc. v. Robins addressed the injury-in-fact requirement for Article III standing needed to file suit in federal court.  In particular, the certiorari petition filed in the case asked whether “Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing ...

Defend Trade Secrets Act of 2016: Congress Enacts Federal Civil Trade Secret Protections

One-Hour Briefing  One-Hour Briefing

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016, which immediately created, for the first time ever, a federal civil cause of action for misappropriation of trade secrets. The DTSA adds a federal cause of action to existing state trade secrets laws, which are largely governed by statutes based on the Uniform Trade Secrets Act. The DTSA became effective immediately and creates a claim for any act of misappropriation which ...

Cybersecurity in the Age of Regulators Gone Wild

One-Hour Briefing  One-Hour Briefing

Companies face a new cybersecurity foe: federal regulatory agencies. The Federal Trade Commission, Consumer Financial Protection Bureau, the Securities and Exchange Commission, and other agencies are now proceeding full steam ahead with enforcement actions against companies they believe are not taking adequate or reasonable steps to protect themselves or others from cyber threats.  Will this unfortunate trend become a permanent reality for companies, ...

Robo-Advisers and Digital Advice: The Emerging Regulatory Framework

One-Hour Briefing  One-Hour Briefing

The dramatic rise in automated investment platforms (including robo-advisers) is drastically changing the traditional landscape for registered broker-dealers and advisers.  These services  are appealing to younger generations of millennial investors by utilizing technologically-savvy online investment tools that operate seamlessly on personal devices, such as smart-phones and tablets.  Indeed, a report cited by Bloomberg estimated that ...

Global Legal Challenges of Social Media Marketing

One-Hour Briefing  One-Hour Briefing

Brands are now, more than ever, marketing their products and services on a global basis and are increasingly using social media to do so.  Because of the global reach of such marketing platforms, the laws of multiple jurisdictions apply, making compliance difficult.  It’s critical for global advertisers to understand the pitfalls when using social media to reach consumers across borders.  This panel, all lawyers from the Global ...


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