Expert Analysis

• 5 Pointers For Game Cos. Facing Calif. Kids Privacy Law

  

  The recently enacted California Age-Appropriate Design Code Act will have far-reaching implications for video game companies, and organizations will need to take steps accordingly to protect children’s privacy — from allocating compliance to implementing age assurance mechanisms, say Emma Smizer and Rick Borden at Frankfurt Kurnit.

• Fox Ex-Producer Case Is A Lesson In Joint Representation

  

  A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.

• Protecting Workplace Privacy In The New Age Of Social Media

  

  The rise of platforms like TikTok and BeReal, that incentivize users to share workplace content, merits reminding employers that their social media policies should protect both company and employee private information, while accounting for enforceability issues, say Christina Wabiszewski and Kimberly Henrickson at Foley & Lardner.

• And Now A Word From The Panel: Baseball And MDLs

  

  With the Judicial Panel on Multidistrict Litigation meeting on MLB opening day, Alan Rothman at Sidley explores connections between the national pastime and MDL, including sports-related proceedings in the areas of antitrust, personal injury, and marketing and sales.

• Opinion

  Stanford Law Protest Highlights Rise Of Incivility In Discourse

  

  The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.

• Tackling Compliance With China's New Data Transfer Rules

  

  The Cyberspace Administration of China recently released rules that standardize contractual clauses for cross-border data transfer agreements, and while there is a six-month grace period following the June 1 compliance deadline, companies should act soon to address the work involved with implementation, say Christiana State and Zhiwei Chen at Crowell & Moring.

• Dispute Prevention Strategies To Halt Strife Before It Starts

  

  With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.

• How Credit Unions Can Prepare For 3-Day Cyber Report Rule

  

  Before the implementation of the National Credit Union Administration's new 72-hour cyber incident reporting rule, which adds a new layer to the obligations credit unions face under state and federal law, organizations should ensure they can comply with the rule while also responding to any operational challenges, say Alexander Boyd and Colin Black at Polsinelli.

• Blackbaud Shows SEC Is Serious On Cyber Incident Reporting

  

  The U.S. Securities and Exchange Commission's recent enforcement action against Blackbaud highlights the importance of public companies maintaining disclosure controls and procedures relating to cybersecurity incidents, which is also hammered home by the SEC's proposed new rule regarding cybersecurity incident reporting, says Elisha Kobre at Bradley Arant.

• Defamation Alternatives For Suing Hoax Social Media Users

  

  A recent proliferation of false or hoax social media content has targeted public figures and corporate accounts, and for plaintiffs seeking redress there are three types of claims that may be less-risky alternatives to defamation and libel litigation, say Charles Schafer and Ross Kloeber at Sidley.

• When Social Media Data Can Imperil Your Privacy Class Action

  

  Broad licenses suggest that Big Tech companies can use consumer data for any purpose, including in data privacy class actions filed against them, which means plaintiffs attorneys should carefully vet their clients’ public and private social media early on, say Carol Villegas and Danielle Izzo at Labaton Sucharow.

• Practical Skills Young Attorneys Must Master To Be Happier

  

  For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.

• Next Steps For Counsel Under Latest DOJ Disclosure Policy

  

  Given the U.S. Department of Justice’s recently announced policy incentivizing companies to voluntarily self-disclose misconduct to authorities, corporate and outside counsel will need to take proactive action while being careful to avoid overreporting, say Jeffrey Bornstein and Roxanne Vorkoeper at Boersch & Illovsky.

• Banks And Beneficial Ownership: Striking The Right Balance

  

  The Financial Crimes Enforcement Network's plans for a beneficial ownership information database provide important insight into how the bureau intends to maintain the utility of the data it collects for financial institutions while considering the sensitive and confidential nature of that information, say attorneys at McGuireWoods.

• Reading The Tea Leaves Of The FTC's Privacy Rulemaking

  

  The Federal Trade Commission recently concluded a comment period for a data security-focused advance notice of proposed rulemaking that would allow it to issue timely rules on a wide range of issues, but any rulemaking in this realm will likely take years to complete, say attorneys at Quinn Emanuel.