Law

Legal Blogs

26 May 2022

Legal Blogs Legal Blogs
  • QUANTUM COMPUTING INVESTOR ALERT by the Former Attorney General of Louisiana: Kahn Swick & Foti, LLC Investigates Quantum Computing Inc. – QUBT
    26 May 2022

    NEW ORLEANS–(BUSINESS WIRE)–Former Attorney General of Louisiana Charles C. Foti, Jr., Esq. and the law firm of Kahn Swick & Foti, LLC (“KSF”) are investigating the proposed sale of QPhoton to Quantum Computing Inc. (“QCI” or the “Company”) (NasdaqCM: QUBT). Under the terms of the proposed transaction, QCI will issue to QPhoton’s stockholders aggregate merger consideration consisting of: 5,802,206 shares of QCI’s common stock, 2,377,028 shares of a new series of QCI’s preferred stock, convertible into 23,770,280 shares of common stock (subject to receipt of the approval of QCI’s stockholders), and warrants exercisable, at a purchase price of $0.0001 per share, to purchase up to 7,028,337 shares of common stock (subject to receipt of the approval of QCI’s stockholders). The merger consideration is subject to adjustment under certain circumstances, such that it will represent in total approximately 49% of the total capital stock of QCI outstanding immediately following the closing. KSF is seeking to determine whether the merger and the process that led to it are adequate and fair to the Company’s shareholders.

    If you would like to discuss your legal rights regarding the proposed sale, you may, without obligation or cost to you, e-mail or call KSF Managing Partner Lewis S. Kahn (This email address is being protected from spambots. You need JavaScript enabled to view it.) toll free at any time at 855-768-1857, or visit https://www.ksfcounsel.com/cases/nasdaqcm-qubt/ to learn more.

    To learn more about KSF, whose partners include the Former Louisiana Attorney General, visit www.ksfcounsel.com.

    Contacts

    Kahn Swick & Foti, LLC

    Lewis S. Kahn, Managing Partner

    855-768-1857

    This email address is being protected from spambots. You need JavaScript enabled to view it.

  • OKTA SHAREHOLDER ALERT by Former Louisiana Attorney General: Kahn Swick & Foti, LLC Reminds Investors With Losses in Excess of $100,000 of Lead Plaintiff Deadline in Class Action Lawsuit Against Okta, Inc. – OKTA
    26 May 2022

    NEW ORLEANS–(BUSINESS WIRE)–Kahn Swick & Foti, LLC (“KSF”) and KSF partner, former Attorney General of Louisiana, Charles C. Foti, Jr., remind investors that they have until July 19, 2022 to file lead plaintiff applications in a securities class action lawsuit against Okta, Inc. (“Okta” or the “Company”) (NasdaqGS: OKTA), if they purchased the Company’s securities between March 5, 2021 and March 22, 2022, inclusive (the “Class Period”). This action is pending in the United States District Court for the Northern District of California.

    What You May Do

    If you purchased securities of Okta as above and would like to discuss your legal rights and how this case might affect you and your right to recover for your economic loss, you may, without obligation or cost to you, contact KSF Managing Partner Lewis Kahn toll-free at 1-877-515-1850 or via email (This email address is being protected from spambots. You need JavaScript enabled to view it.), or visit https://www.ksfcounsel.com/cases/nasdaqgs-okta/ to learn more. If you wish to serve as a lead plaintiff in this class action, you must petition the Court by July 19, 2022.

    About the Lawsuit

    Okta and certain of its executives are charged with failing to disclose material information during the Class Period, violating federal securities laws.

    On March 22, 2022, the Company disclosed that it had detected an attempted hacking attack in late January 2022, and that, “[b]ased on our investigation to date, there is no evidence of ongoing malicious activity beyond the activity detected in January.” Later that same day, the Company disclosed that “[a]fter a thorough analysis of [the hackers’] claims, we have concluded that a small percentage of customers – approximately 2.5% – have potentially been impacted and whose data may have been viewed or acted upon.”

    On this news, shares of Okta fell $17.88 per share, or 10.74%, to close at $148.55 per share on March 23, 2022.

    The case is City of Miami Fire Fighters’ and Police Officers’ Retirement Trust v. Okta, Inc., No. 22-cv-02990.

    About Kahn Swick & Foti, LLC

    KSF, whose partners include former Louisiana Attorney General Charles C. Foti, Jr., is one of the nation’s premier boutique securities litigation law firms. KSF serves a variety of clients – including public institutional investors, hedge funds, money managers and retail investors – in seeking recoveries for investment losses emanating from corporate fraud or malfeasance by publicly traded companies. KSF has offices in New York, California, Louisiana and New Jersey.

    To learn more about KSF, you may visit www.ksfcounsel.com.

    Contacts

    Kahn Swick & Foti, LLC

    Lewis Kahn, Managing Partner

    This email address is being protected from spambots. You need JavaScript enabled to view it.
    1-877-515-1850

  • COVETRUS INVESTOR ALERT by the Former Attorney General of Louisiana: Kahn Swick & Foti, LLC Investigates Adequacy of Price and Process in Proposed Sale of Covetrus, Inc. – CVET
    26 May 2022

    NEW ORLEANS–(BUSINESS WIRE)–Former Attorney General of Louisiana Charles C. Foti, Jr., Esq. and the law firm of Kahn Swick & Foti, LLC (“KSF”) are investigating the proposed sale of Covetrus, Inc. (NasdaqGS: CVET) to funds affiliated with Clayton, Dubilier & Rice and TPG Capital. Under the terms of the proposed transaction, shareholders of Covetrus will receive only $21.00 in cash for each share of Covetrus that they own. KSF is seeking to determine whether this consideration and the process that led to it are adequate, or whether the consideration undervalues the Company.

    If you believe that this transaction undervalues the Company and/or if you would like to discuss your legal rights regarding the proposed sale, you may, without obligation or cost to you, e-mail or call KSF Managing Partner Lewis S. Kahn (This email address is being protected from spambots. You need JavaScript enabled to view it.) toll free at any time at 855-768-1857, or visit https://www.ksfcounsel.com/cases/nasdaqgs-cvet/ to learn more.

    To learn more about KSF, whose partners include the Former Louisiana Attorney General, visit www.ksfcounsel.com.

    Contacts

    Kahn Swick & Foti, LLC

    Lewis S. Kahn

    This email address is being protected from spambots. You need JavaScript enabled to view it.
    855-768-1857

  • The Geek in Review Ep. 160 – Sonja Ebron and Ed Walters Collaborate on Courtroom5 and Fastcase to Help Pro Se Litigants Access Justice
    26 May 2022

    We all know that it takes some “outside of the box thinking” to help improve the legal system in the United States, especially when it comes to Pro Se litigants. Courtroom5 CEO and co-founder Sonja Ebron does exactly that with her startup focused on guiding Pro Se litigants through complex court processes. Ed Walters, CEO and co-founder of Fastcase wants the legal industry to stop trying so hard to reinforce that “box.” Together, Ebron and Walters are creating a process to help litigants access and navigate the court system through a combination of case process instructions, legal information, Artificial Intelligence, and collaboration with legal professionals. Eventually, Ebron would like to see the courts themselves leverage Courtroom5’s abilities to help those seeking legal recourse.

    Walters stresses that the “North Star” of legal practice should be the wellbeing of clients. In a system where according to The World Justice Project, over 75% of legal needs go unmet, and some 80% of citizens seeking judicial action do so without the use of legal professionals. Part of that solution lies with the courts and the need to focus on the ability “to filter out people who need lawyers helping people who don’t.”

    Once again, this is not about replacing lawyers with robots, or encouraging Pro Se litigants to not seek legal assistance. Courtroom5 and Fastcase are seeking ways to improve the overall process of placing the right information in front of litigants, at the right time. Even if those instructions are to highly recommend seeking legal counsel.

    Listen on mobile platforms:  Apple Podcasts |  Spotify

    Links Mention:

    Contact Us
    Twitter: @gebauerm or @glambert
    Voicemail: 713-487-7270
    Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
    Music: Jerry David DeCicca

    Transcript

    Marlene Gebauer 0:23
    Welcome to The Geek in Review podcast focused on innovative and creative ideas in the legal industry. I’m Marlene Gebauer.

    Greg Lambert 0:30
    And I’m Greg Lambert.

    Marlene Gebauer 0:31
    We have a great show lined up this week with Ed Walters from Fastcase and Sonja Ebron. From Courtroom5 discussing their collaboration to help people gain access to the court system here in the US.

    Greg Lambert 0:42
    Ed’s been a longtime proponent of democratizing the law, as he puts it, and Sonja Ebron is an engineering professor who, you know, she just leveraged her own terrible experience in trying to navigate the legal system into a product that made it much easier for everyone else.

    Marlene Gebauer 0:59
    Sonja is also one of the founders of the Justice Technology Association. So if you haven’t listened to the episode from a couple weeks ago with Maya Markovich, and Yousef Kassim, let me recommend that to you.

    Greg Lambert 1:10
    Yeah, definitely, definitely one to listen to. Well, Marlene, congratulations. I know this week, you have the the 2022 Women of Legal Tech event and from the ABA on Wednesday of this week, so congrats on that. How is your speech coming?

    Marlene Gebauer 1:27
    I’m working on it right now. You know, it’s like always gotta be right on deadline. So it’s, I’m feeling pretty good about it. And I’m very excited to attend this session. There’s like, there’s a great lineup of speakers. And, you know, the the honorees this year are absolutely, in fact, fantastic. You know, many of whom have been on the

    Greg Lambert 1:48
    podcast. Yep. And many who will be on the podcast. That’s right.

    Marlene Gebauer 1:52
    If we haven’t gotten you, we’re gonna get to you. Absolutely. So you know, you and I have been a little swamped at our day jobs this week. So a little bit. So we decided to skip out on the information inspirations this week, and just jump into our interview with Ed and Sonja. Hopefully, we’ll have a little time to catch our breath over the holiday weekend and have something for you all next week. In fact, tweet us any inspirations that you might have. We’d love to hear from the audience.

    Greg Lambert 2:21
    Yes, I’d love it when somebody else does my job for me.

    Marlene Gebauer 2:25
    Well, you know, we want to be able to talk to people about things that are interesting to them. So if you find something, absolutely send it along.

    Greg Lambert 2:35
    We’d like to welcome Dr. Sonja Ebron, CEO and co founder of Courtroom5 and welcome back, our friend Ed Walters, CEO and co founder at Fastcase, Sonja and Ed, we’re very excited to have you here on The Geek in Review.

    Sonja Ebron 2:50
    Thanks so much. Great to be here.

    Ed Walters 2:52
    Thanks for having us.

    Marlene Gebauer 2:53
    We’ve brought you both on to talk about the Courtroom5/Fastcase collaboration. listeners may have heard Sonja’s name a couple of weeks ago when we had Yousef Kassim and Maya Markovich, on the show to talk about the Justice Technology Association, and Sonja’s work in creating JTA. Before we jump into the collaboration with Ed, Sonja, would you mind telling us a bit about your background, and we all want to know why someone with a PhD in Engineering is so interested in he lping out the legal industry, we figured you’d be like running away.

    Sonja Ebron 3:22
    Thanks Marlene. I’m interested in improving access to the legal industry, which I think obviously helps the industry but you know, I want to need it that access is the reason that I’m interested here. Education doesn’t always equal wealth. I’m happy to have college degrees. But it doesn’t always go with strong finances. And people without wealth, as we all know, often get caught up in the legal system. I got sued, I was a college professor at the time, I had a great income. And I went to a lawyer to get some representation, I quickly found out I couldn’t afford it. And what that meant for me is that I had to represent myself, and didn’t really get a fair hearing in court. I felt that we deserve better as a society and to treat our citizens like that. And I wanted to want it to help fix it up. But that’s essentially how I got into the legal industry as a user of it. I don’t have any other legal training than that.

    Greg Lambert 4:21
    I don’t think truer words have ever been spoken, then I shouldn’t have been treated like this by the court system. So the idea behind Courtroom5, dug in a little bit this week in prep for, it is really interesting, because you’re doing a lot of what I think we’re trying to teach our lawyers to do and that is a lot of the process that’s involved understanding the language, understanding what needs to be done and what doesn’t need to be done, and how those inefficiencies can cause more problems down the line. So can you give us like a 30,000 foot view of what the typical customer is for Courtroom5 and how it is that you help them as a pro se litigant?

    Sonja Ebron 5:11
    So we decided to focus on the tougher civil claims. We don’t do traffic tickets or the summary procedures, small claims, that sort of stuff. We’ve got folks handling their own foreclosure cases, personal injury cases, medical malpractice, it’s all over the board.

    Greg Lambert 5:27
    So you went big,

    Sonja Ebron 5:28
    And we went big, we’ve been, you know, it was there are other folks doing those so called simpler cases, you can find places to get help with your traffic ticket and so forth. But um, I like innovation. I like doing things that haven’t been done. So we did, we decided to focus on the tougher cases. But when you’re representing yourself in those cases, you all know, it isn’t Judge Judy’s court. You’re going to file hundreds sometimes of highly technical legal documents, before the facts even began to matter. And when you’re when you’re doing that on your own, without any legal training, at each step, you essentially have two big questions. One, what do I file right now? And secondly, how can I make that filing persuasive? So I can get to the next step in the case, right. And so we have essentially distilled, highly technical legal procedures into a five step process for every filing to make sure that you’re presenting to the court the most persuasive argument you can do. I can spend hours on this, I won’t take our time that way. But essentially, that’s it.

    Marlene Gebauer 6:34
    I got a follow up on the one thing you mentioned, because you were talking about they do their own personal injury and med mal cases. And I’m just fascinated by that. Because I mean, a lot of that those are those can be very complex cases. I mean, you have a lot of medical records, you know, usually expert testimony is kind of a key feature of those of those things. How does that work?

    Sonja Ebron 6:53
    Yeah, it is tough. So our focus is on civil procedure is on making sure people know what their options are at any particular time. And then what law matters at each step, right? Where we stand now, we’re not able to get people experts, but we can help them understand when those experts are needed, and what kinds of expertise are needed. And they can go out on the on the public market and find that expertise. So yeah, that’s but it’s on understanding, you know, if you’re at the beginning of a case, it’s not the best time to be thinking about admissibility of evidence, you can get into that a little bit later. If you’re on the eve of trial, you know, trying to get the case dismissed. I mean, that horses left the barn, right. And so we started just trying to focus help people focus on what’s in front of them, and doing a good job there. So they understand the standards, they make good decisions about what to do at any particular time.

    Marlene Gebauer 7:50
    This is great, because you’re laying out the steps for people, it’s like, okay, this, then this, then this, then this, because I think it can be very overwhelming otherwise.

    Sonja Ebron 7:57
    That’s what we found. I mean, our folks, our customers come to us overwhelmed, just don’t have a clue what to do at any particular time. And so our focus is on getting them a sense of comfort, just in time education. So they can, again, just focus on what’s in front of them.

    Greg Lambert 8:14
    One of the five steps is actually interacting with your AI tool, which you’ve named Sylvia. Can you tell us a little bit about about Silvia and what she does?

    Sonja Ebron 8:23
    A little bit I can tell you, her primary job is to help people is to track a user’s case, just to help people to understand what their options are reasonable options are at that time, we have to be careful about that, for good reasons. We don’t want to we don’t practice law, we can’t offer advice. But we can help people just understand the lay of the land again at each step. And so that’s our primary job is just to track where people are in their case, and point them to appropriate information and training, often video based training that we’ve developed on our website. Her other roles, though, because she is really really popular is to do some of the superficial customer support. All right. So if somebody wants to find out where do I find out about summary judgment, she can point the user to the resources we have available if somebody wants to understand the discovery process in general, she can point people to to that information. She can also point folks to a contact us form, right if they need some customer support, that sort of thing. So she is taking up more and more of our work every day.

    Marlene Gebauer 9:33
    All right, well, why Sylvia?

    Sonja Ebron 9:35
    I have no idea I didn’t pick that name.

    Greg Lambert 9:40
    Someone in marketing got that one.

    Sonja Ebron 9:43
    I’m lucky I don’t have to make all the decisions these days. So but I like it. It works. It works for our customers as well. So

    Greg Lambert 9:52
    well, Ed, I promise we’ll get to you here in a second. But Sonja is what what you’re doing super fascinating and there’s I know that you, you know, lawyers aren’t completely scripted out of out of this process that you do have law firms that are partners with Courtroom5, at least as far as I could tell. How is it that you interact with the legal profession as well as just helping process?

    Sonja Ebron 10:22
    Well, so you know, in most of the cases that I’ve personally been involved in, and other folks on my team who represented themselves, and we hear from our customers all the time, we all really do want access to lawyers, right? These are experts in the in the litigation process, we don’t want to none of us wants to do this on our own. A big challenge for most Americans, and we just simply can’t afford full representation. And so we’ve long seen limited scope services as a way to close the justice gap. But you can’t walk into a lawyer’s office, generally, with your personal injury case or your foreclosure and say, I want limited scope services. Because you don’t know how to task that lawyer, you don’t speak the lingo don’t, you know, you don’t, you just don’t know how to use those sorts of services. And so what we found is that most of the limited scope services available are really pay as you go services where the lawyer still does all the work, you just, you know, pay for it as you go. And if you can’t afford a lawyer, you can’t afford it on pay as you go either. So we see lots of refugees from that model, who have, frankly, been dumped in the middle of their cases, and just have no no clue where to take it from there. And so what we understood long ago is that technology and education, the sort we provide at Courtroom5, could help people could help prepare people to use lawyers and, you know, in that limited scope way. And so that’s essentially where we are now we think we’ve got the tech where it needs to be, we’ve gotten great feedback from our, from our customers. And we are now, thanks to Ed, in Fastcase able to bring lawyers onto our platform, and to take care of a lot of the administrative burden for them and providing limited scope services. So I’m happy to share more about that. But we aren’t working with law firms directly yet there are some in our pipeline, there’s a short onboarding process requires verifying that you’re actually a lawyer, setting up a payment system so that our customers can pay them outright. So we don’t get into regulatory trouble there. And some other things. So we’ve got folks in the pipeline, but we’ve got some customers ready to use them as we speak.

    Marlene Gebauer 12:41
    Is there a feedback system for your customers in terms of who they they end up going with? I mean, do you guys get that information in terms of whether they felt the experience was a good one?

    Sonja Ebron 12:52
    We will do that, sort of under the hood to start and then develop a more robust public or, you know, reviewing system, but we aren’t doing that initially, we’ve got some, the difficulty of being in a regulated environment, as you might understand is you have to do all of these things carefully, deliberately. And so we’re going to study it a little bit first .

    Marlene Gebauer 13:14
    Got it, got it.

    Greg Lambert 13:15
    One of the examples that I use a lot is what the Travis County system is doing here in Texas, and that is they actually have a before you as a pro se litigant before you can actually appear before the court you have to get what they call the the golden ticket on certain matters, which basically there’s a self help center that you have to go to that kind of does a little bit of the process to make sure that things are in the right order. Any plans on down the road for Courtroom5 to work with courts directly to help them with their pro se litigants?

    Sonja Ebron 13:57
    No question about it. I mean, I think in an ideal world courts would be offering a Courtroom5 to their constituents for millions of Americans.

    Greg Lambert 14:07
    I think we found the problem.

    Sonja Ebron 14:08
    Yeah. Absolutely. And I think we found a solution. So it’s a question of getting some buy in from the courts. We’ve got a lot to demonstrate to them. And we expect to do that over the next short period of time.

    Marlene Gebauer 14:23
    Okay, Sonja, we’ve taken up a lot of your time. So it’s your turn now. Welcome back. I know you have a passion for public access to legal information. What prompted you to work with Sonja and her co founder Deborah Sloan on this project to provide unbundled legal services to self represented litigants?

    Ed Walters 14:40
    Well, that’s really easy. I mean, Fastcase’s mission from the very start has been to democratize the law to make sure more people have meaningful access to the law. And as a kind of legal database provider, there’s some things we can do, but there’s a lot that we can’t do. And so we’re super proud to accelerate Courtroom5 work here to kind of bridge that gap. The legal services market is still pretty broken. Even after many years of people pushing against the Access to Justice Movement. The World Justice Project says 77% of legal needs, legal needs are unmet. If you look back to the 2014, ABA, American Bar Foundation survey, they said that it was something like 80% of people with legal problems, don’t address them with the help of a lawyer. And it’s common knowledge that people’s outcomes are much worse. If they go it alone without the help of a lawyer, it doesn’t need to be the case. It’s not every matter that is going to require a lawyer or every step in a matter that requires the help of a lawyer. And so if we can just bring the legal services market a little closer to people who need that help, and frankly, it will create some more work for people in you know, who are lawyers who could use some more business. If we can just bridge that gap a little bit, then it creates market opportunities for the legal profession, and better outcomes for people who need help. It seems like wins all around. So this is really easy for us if we can just help accelerate Sonja’s work at Courtroom5. We’re thrilled to do that.

    Greg Lambert 14:41
    Ed, what do you think are some of the barriers that are set up to that kind of get in the way of helping people actually access justice?

    Ed Walters 16:40
    Well, you know, I want to start where you started, Greg, which is in courts. You know, I don’t I don’t think that courts are really set up to filter out people who need lawyers helping people who don’t. And if we can make processes just a little bit simpler, it would help a lot of people to work their way through the courts. It might not replace lawyers, I don’t think that’s even a goal we should have. But I do think it would make it easier for people who aren’t represented to navigate that system, it doesn’t need to be as complex as it is. So there’s a lot of kind of barriers in judicial procedure, in its inscrutability, and its lack of comprehensive guides that people can understand. So I think that would make a huge difference in the process. And then I think, as Sonja was saying before, there is this kind of all or nothing idea about representation. People either are represented by a lawyer from the very beginning of a process to the very end of a process, which is enormously expensive. Or they’re completely unrepresented, where they are effectively thrown to the wolves, and left to try and fend for themselves in a complex, difficult process. And so I think what what Courtroom5 is saying is that there are places where people can probably go it alone, with just a little bit of guidance, and some assistance. And then places where maybe they might use the help of a lawyer productively. And I hope that’s kind of expands the market for legal services so that lawyers can be expert guides. Even in a world that isn’t all or nothing.

    Marlene Gebauer 18:24
    Sonja, I know you’ve participated in a Duke law tech lab plus the LexisNexis accelerator. And I think you’re currently involved with Josh Blandi and Unicourt’s legal innovation contest. So it sounds it sounds like you enjoy competing. As a self proclaimed Jane of All Trades, what motivates you when it comes to these types of innovation challenges?

    Sonja Ebron 18:46
    Oh, I love competing. You’re absolutely right. I love to win. And let me just say the follow up on Ed, you know, we had a number of opportunities to bring this solution to bear and we’ve had inbound for four years, we’ve been working on this solution in public and I really wanted to work with Fastcase There’s not a better group of people to work with. Ed, Bill. Christina, Jack, you know, Joe Fassbender had been just wonderful. The engineering team. I mean, everybody has been fantastic. there and it just couldn’t have worked out I think any better for us. But that’s the you know, I’m old enough to know, you just don’t want to work with people you don’t like. Right. And so we were lucky enough to have a choice of organizations to work with, and are just really so glad that Fastcase came on board with us. This kind of innovation, I think is to Ed’s point is I think going to shape the industry is going to have some significant impact on the Access to Justice problem. And for me, it’s just a win all the way around. So it’s not always competitive. It’s just about winning and getting partners that you can bring to a successful outcome here. I guess I am a Jane of all trades. That’s, that’s fair, I don’t do anything in particular Well, I’ve tried to focus on learning, I’ve always just had a great love for learning. I stayed in college way too long, because I love learning. But I’m also a problem solver. I like tackling big problems. And so the Access to Justice crisis was like a bouncing red ball. For me, I couldn’t resist it once I sort of understood it, and in fact, was impacted by it. And so again, it’s a huge problem that I wanted to tackle. Ultimately, like most people, I just want to make things better, I look for ways to make anything better. And so once we had a sense that there was a solution, inside of Courtroom5, it’s just been, I mean, I’d spend 25 hours a day on this, if I could.

    Greg Lambert 20:57
    Well, I want to get back Sonja to the topic of you, being someone from outside the..

  • FTC Signals Additional Scrutiny for Data Breaches
    26 May 2022

    On May 20, 2022, the Federal Trade Commission (FTC) stated that failure to disclose a data breach may be a violation of Section 5 of the FTC Act.  Historically, the FTC has not been explicit about its notification expectations, but in blog post published by the FTC’s CTO and Division of Privacy and Identity Protection, the Commission offered clarity, stating that, “regardless of whether a breach notification law applies, a breached entity that fails to disclose information to help parties mitigate reasonably foreseeable harm may violate Section 5 of the FTC Act.”  In their words, the FTC’s stated position is that Section V established a de facto breach reporting requirement.

    This new disclosure requirement not only represents the FTC’s commitment to promoting consumer security, but also underscores the FTC’s overall interest in businesses implementing robust detection and response policies.  The FTC emphasized that prompt notice of a data breach allows consumers to take post-breach remedial steps to reduce the risk of harm or exposure.

    How We Can Expect the FTC to Enforce New Notice Requirement

    To understand how the FTC plans to enforce this requirement, we should look to a series of relatively recent enforcement actions cited in the FTC’s blog post. For example, when Uber waited over a full year to disclose a data breach to affected consumers, the FTC alleged that the ride-sharing app had engaged in deceptive trade practices. The Commission also alleged that two companies, SpyFone and SkyMed, both of which issued misleading and incomplete statements to consumers about breaches, engaged in unfair and deceptive practices.

    Most recently, in March 2022, the FTC brought an action against the current and former owners of CafePress for failing to timely communicate the full extent of a breach to affected consumers. There, a hacker accessed over 180,000 unencrypted social security numbers as well as millions of email addresses and passwords and other sensitive personal information.  After CafePress received notification of the breach, it failed to take any investigatory steps and instead of notifying consumers of a data breach, it simply told consumers to change their passwords because the company had modified its password policy. The FTC found that many consumers were still at risk and had the consumers known that there had been a data breach, the consumers could have taken remedial measures to better secure their own information.

    Moving Forward

    In response to the FTC’S clarified expectations, companies ought to re-think their incident response plans and communication strategies. While state and industry-specific incident response laws are still in effect, companies must now factor in added FTC scrutiny into their breach response plans.  Further, the posts emphasizes that disclosures should be accurate.  Accordingly, businesses that disclose breaches should take steps to ensure they are notifying the right parties in a timely manner.  Businesses should think twice about undernotifying or issuing blanket notifications.

    Finally, the announcement underscores an existing trend, that the FTC is looking to existing laws to expand its enforcement authority.

     

    *Contributions to this post from Amelia Klitenic

  • NYPD Psychological Disqualification
    26 May 2022

    If you receive a NYPD Psychological Notice of Proposed Disqualification (NOPD), you should appeal rather than attempt to explain this disqualification at every future job interview for the rest of your life.

    The percentage of successful appeals has risen as a result of the NYPD psychological re-interview policy.  There was a time when your only chance of getting a Psychological Disqualification reversed was at the NYC Civil Service Commission. But now, the NYPD re-interviews many candidates who file a NPYD Psychological Review NOPD appeal.

    Disqualified candidates who do not file an appeal, pass up the chance of getting a re-interview, which is also known as a NOPD interview. If you do not appeal, you will never get another chance to get appointed from that exam.

    Please feel free to email me, and I will send you a book, video and PowerPoint video which clearly explains the appeal process.

    As a civil service disqualification appeals attorney with more than 18 years of experience, I have extensive knowledge on how to appeal a NYPD Disqualification. Over the years I have helped many clients win their appeal. I can help you too.

    If you have questions about your NYPD psychological disqualification and you would like to schedule a free consultation, please contact me at 516 248 0040.

    Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

    Website: www.sheerinlaw.com

    Blog: civilservice.sheerinlaw.com

    Facebook: Law_Office_of Kevin_P._Sheerin

    Twitter: @DQLawyer

    Podcast: www.newyorkcivilservicelawattorneypodcast.com

  • The Drumbeat of PFAS Litigation Is Getting Louder
    26 May 2022

    On May 25th, Massachusetts filed suit against a number of companies alleged to have manufactured PFAS and/or aqueous film-forming foam.  Massachusetts joins a number of other states which have already brought similar claims.  Indeed, Massachusetts filed the case in South Carolina, where an existing multi-district litigation concerning PFAS is already in progress.

    The complaint asserts a number of different claims, including trespass and nuisance, but its focus is really product liability.  FWIW, the MDL in South Carolina is captioned “In re Aqueous Film-Forming Foams (AFFF) Products Liability Litigation.”  Notwithstanding that the suit has been brought as a products liability case, the relief sought is right out of a standard CERCLA or state superfund law complaint.  Its first request for relief asks the Court to:

    Find Defendants liable for all costs to investigate, clean up and remove, restore, treat, monitor, and otherwise respond to PFAS contamination resulting from Manufacturer Defendants’ AFFF Products so the contaminated natural resources are restored to their original condition, or are replaced by reasonably equivalent resources, and for all damages to compensate the residents of the Commonwealth for the lost use and value of these natural resources during all times of injury caused by PFAS and for such orders as may be necessary to provide full relief to address the threat of contamination to the Commonwealth....

    And so, the question arises whether this case really is a product liability case or whether it is a Superfund case.  I think that one must look at the nature of the claim, rather than the relief sought, and so I do think that this is a products liability case. It’s thus more like the tort cases that have sought to impose liability on lead paint manufacturers than Superfund cases that have sought to impose liability on companies that utilized PCBs.

    Still, that just begs the question.  Is the next wave of litigation going to be Superfund cases brought against the thousands – or tens of thousands! – of companies that utilized PFAS or PFAS-containing products in some way?  And if so, is that any way to structure a system to address sites contaminated with PFAS?

    I know how I’d answer that question.

    The post The Drumbeat of PFAS Litigation Is Getting Louder first appeared on Law and the Environment.

  • HOW TO REGISTER TRADEMARK AND PATENT RIGHT IN NIGERIA
    26 May 2022

    Companies or Individuals must consult major business lawyers in Nigeria who are experienced and accredited Trademark Agents with Federal Ministry of Trade & Investment in Nigeria for registration of Trademark, patent right and copyright. The business owners or individuals must instruct knowledgeable corporate lawyer vast in all matters relating to registration of trademarks, patent right and copyright to guarantee professional legal advice and protection of their peculiar rights.

    Basically, Trademark registration is done usually at the Trademark, Copyright, Patent registry at the Business Section of Federal Ministry of Trade Nigeria after the applicant must have complied with all the requirements of  particular category of registration.

    TRADEMARK REGISTRATION REQUIREMENTS:

    1. In Nigeria accredited agent will file or present the application on behalf of the applicant, however, the Attorney must be acting in representative capacity with clear authorization from the applicant instructing the Solicitor to act.
    2. All applications must state the full name, nationality and physical address of the Applicant.
    3. Trademark application must follow specified size or description of the Federal Ministry of Trade and will usually be attached to the application with one clear negative print and  copies of the trademark including plain typewritten, letters, figures and lines.
    4. The full details of the goods covered or proposed to be covered by the trademark must be listed.
    5. The Classification of the trademark must also be specified in the application.
    6. Note,  each classification of goods must be separately registered.
    7. The trademark business section will thoroughly check whether the applicant complied with all the requirement as prescribed by trademark acts in Nigeria and International Convention of trademark.
    8.  The Registrar of trademark will thereafter issued what we call Acknowledgment which is like a temporary registration if there is no query and this will show the file number and date of filing of the application.
    9. The Registrar trademark shall verify and determine whether the application passes through another test of registration i.e to ascertain if it conflicts with pending or prior registered marks. If the application scales this test, the Registrar issues a letter or what we call Notice of Acceptance.
    10.  The registrar will later publish the trademark for any objection in trademark journal,  and wait for 2 months whether there would be objection to the trademark.
    11.  If the 2 months of advertisement in the journal of trademark expired without objection, the trademark would be accordingly registered according to law and a certificate would be issued to the applicant showing the date of the initial date of acknowledgment.
    12. Prescribed fees of the application must be paid.

       

    PATENT REGISTRATION REQUIREMENT:

    This is another type of intellectual property right for individuals and corporate bodies. The application is also routed through the Federal Ministry of Trade and the following are the simple ways to register a patent right.

    1. A formal Patent right application.
    2. The Applicant’s full name and address and if the Applicant’s address is located outside Nigeria, an address for service in Nigeria.
    3. The applicant must provide a specification, including a claim or claims in duplicate.
    4. The  Petition must be signed before patent presentation and the attorney must be authorized by the applicant to represent.
    5. It is compulsory all the plans and drawings are put in duplicate for presentation.
    6. It is also mandatory that the applicant declare, and signed as an inventor requesting that he be so ‘mentioned in the patent and furnishing his name and address.
    7. Prescribed fees must be paid.
    8. An acknowledgement of filing of the application in the prescribed manner, the Registrar will issue a filing evidence or receipt to the Applicant.
    9. The Registrar is duty bound to verify the Patent as to its compliance with the provisions of the Patents & Designs Act and in particular, that it is registrable in law.
    10. Having satisfied the requirement of law by the Registrar , after check that the patent conforms to the prescribed requirements, the Patent is registered by issuing an Acceptance Notice.
    11. The approval will be ready between 4 months and 7 months for the Letters Patent and Certificate to be approved.

    We are ready to assist as the top and best commercial lawyers in Lagos, Nigeria on the above and ready to give best legal advice on smooth and timely registration of trademark and patent right in Nigeria.

    BAM & GAD SOLICITORS
    Top Corporate & Commercial Legal Practitioners in Nigeria   

    The post HOW TO REGISTER TRADEMARK AND PATENT RIGHT IN NIGERIA appeared first on BAM & GAD SOLICITORS.

  • Two Years After George Floyd's Death, Paul Weiss Partner Ted Wells Jr. Reflects in Forbes
    26 May 2022

    "I was born in 1950 and came of age during the civil rights movement. If somebody had told me at 18 that we would still be fighting in 2022 with such intensity about violence against Black men and women, I’m not sure I would have believed it." - Ted Wells Jr. in Forbes, May 23, 2022.

    For the second anniversary of the death of the George Floyd, Forbes featured a collection of reflections by Black leaders on change. Wells' are poignant.

    In his youth, the George Floyd moment had been the lynching of 14-year-old Emmett Till. At the time, Wells was a little boy but obviously it resonated with him. Till's alleged crime had been whistling at a white women. Those responsible for the lynching had been acquitted by an all-white jury.

    In contrast, there have been legal consequences for the members of law enforcement involved directly or indirectly in Floyd's death. However, Wells notes the racially-associated carnage in Buffalo, New York, on May 14th. During the massacre 10 lives were lost.

    One day after the Forbes special had been published there was the mass shooting in the Uvalde, Texas school. 19 children and two adults died. It may or may not have been associated with Hispanic issues. 

    As for violence in itself, as Bloomberg Law reports, there have been 213 mass shootings in 2022. They are defined as when four or more are injured or killed.

    As an optimist, Wells hopes that outrage will lead to change. 

    At Paul Weiss, Wells is a partner and the co-chair of the litigation department. In addition, he had been chairman emeritus of the NAACP Legal Defense and Educational Fund.

    Paul Weiss, chaired by Brad Karp, is known for its legacy of pushing the envelope on social justice. As a pro-bono initiative recently Paul Weiss won a significant voting rights victory in the North Carolina Voter ID litigation. In a Pivot Podcast, hosted by Kara Swisher and Scott Galloway, Yale Management School guest Jeffrey Sonnenfeld saluted Karp as a "change agent" in  social justice matters.

    Since I am a boomer like Wells, I also vividly recall the beginnings of the civil rights movement. For me the "moment" had been the slayings in Mississippi of the Civil Rights workers Michael Schwerner, Andrew Goodman, and James Chaney by the Ku Klux Khan. The three were there to try to register Black voters. The outrage mobilized many of us boomers to become active in the movement. I published articles. I produced a play. I fundraised. I engaged in peaceful protest.  At the time I was fired up with hope. Currently, I am not.

    Connect with Editor-in-Chief Jane Genova at This email address is being protected from spambots. You need JavaScript enabled to view it.. Now and then she does freelance assignments for law firms such as Paul Weiss and their vendors.

  • Point of Light
    26 May 2022

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