Articles

04.10.15

Consumer Data in Bankruptcy: Saleable Asset or Liability?

A national retailer files Chapter 11 with the intent to liquidate assets. Among the assets to be liquidated are millions of customer email addresses and personally identifiable information collected at the point of sale over the course of many years in operation. Are these consumer records assets ...


04.08.15

Ten Actions for Effective Data Risk Management

High-profile data breaches expose breached companies to intense negative scrutiny from lawmakers, regulators, media, customers and plaintiffs' attorneys.  But not every data breach is a headline-grabbing massive theft of consumer credit card data, and no breach can be ignored.


04.03.15

Will FDA Change the Way It Regulates Homeopathic Drugs? Should It?

Walking down the dietary supplement aisles at Expo West, passing all of the products claiming to "support" and "promote" various body functions and general health, every now and then I see a product that claims to treat or prevent some ailment, which generally a supplement ...


03.27.15

Digital Payments: An Overview of U.S. Federal Consumer Protection Laws and Regulations

BACKGROUNDPrior to 2010, the U.S. Federal Trade Commission (FTC) was the applicable consumer protection regulatory authority, having the jurisdiction to enforce Section 5 of the FTC Act (15 USC 45), which prohibits "unfair or deceptive acts or practices in or affecting commerce." The ...


03.25.15

Budget-Making Is Political Theater in Albany

Budgets in Albany, as in Julius Caesar's Gaul, are divided into thirds: hard dollars and cents, policy wrangling and political theater. Budgets are wrapped up only when all three elements are in alignment and when all three sides -- the governor, the Senate and the Assembly -- feel they can ...


03.23.15

PACE Financing to JumpStart Rooftop Solar?

Depending on the specific program and the particular project, PACE loans can cover up to 100% of the cost of project. Like other property assessments, a PACE assessment runs with the property and can be transferred to a purchaser upon sale. Terms range from 5 to 25 years with rates starting at ...


03.22.15

So Your Kid Wants to Be a Rock Star?

You had it all planned out. It was the perfect set-up. A perfect schedule for your perfect child. Travel, lacrosse, a private Mandarin tutor, summers at farm camp, classical piano lessons--all the ingredients for a fulfilled life as a doctor, a lawyer or in private equity.Then it happened. Your ...


03.19.15

Fraudulent Transfers and Ponzi Schemes Meet the Media

Mainstream media—TV, radio, newspapers, magazines, the Internet—exist and prosper in no small part as a result of their ability to sell and be paid for advertising. While subscriptions, fees and retail sales generate important revenues, it has long been the case that the placement and ...


03.13.15

Analyzing Cyber Risk Coverage

Many companies are now taking a close look at the protections provided by cyber risk insurance policies—some for the first time—as data breach incidents and related cyber risks continue to increase and gain publicity, and as government agencies become more actively involved in policing ...


03.13.15

Disney/Maker, One Year Later: Your Mandatory SXSW Reading

It's SXSW time. Are you ready?Well, I'm here to help. Here's some easy prep for the endless conversations you will face while clutching your drink. Here's my SXSW digital media ice-breaker.