Publications

Legal risk and reward of blockchain and smart contracts as a prescription for automotive applications

As we start to see the first hints that winter is retreating, it’s time for spring cleaning! In light of recent decisions and government agency rules, it’s time to review your Terms of Use, Privacy Policies and general strategy with the following three issues in mind.

As an industry, we are prepared for the everyday fare of the profession—FOIA denials, OMA violations, spotting defamatory statements, and the like.  But we can, and should, do better when it comes to prepping for the extraordinary.

One of the things I most enjoy as MPA General Counsel is engaging on the importance of open government in our democracy. On multiple occasions, I have presented on the topic of Open Government. Reporters, public officials, and citizens all gathered to take about the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA) – their importance, the challenges in obtaining/providing information, as well as best practices. It is clear to me that many government officials and employees not only want to comply with the legal requirements (as they must), they want to go beyond the bare minimum required by the law and begin making strides toward better transparency policies. With that in mind, here are some thoughts on best practices for you to discuss with your local governments.

Best Practices Overall

Best Practices on the IT Side

Best Practices for Individuals

Whereas few haven’t read, or at least been warned about, the threats posed by hackers and the malware they plant, less common are the stories told from inside the cyber incident as it unfolds.

The majority of the calls we receive relate to FOIA requests and the inability to get requested materials. The following are a few tips that may help you maximize your getting the information or documents you want.

You just found the perfect accompaniment for your piece. It may be an image taken from Facebook or a short video found on YouTube. You take the material and run with it thinking, “not a big deal; it’s fair use.” But is it?

“A nun, a priest, and a parishioner…” 

No, this is not the windup for a joke.  It’s the windup for an important development in Michigan’s law on “defamation per se.”

Let’s talk talk about two open government issues of importance to the media. First, changes to our FOIA statute went into effect in 2015 that have still not been implemented by some public bodies. (Likewise, you will be stunned to learn that there is gambling in Casablanca). Below is a quick recap on some of those changes for you to use in dealing with fee issues. Second, many people have had issues with public officials using email as an improper method of deliberating in violation of the Open Meetings Act. A recent Michigan Court of Appeals case addresses the issue and concluded that the OMA was violated.

Companies regularly face the prospect of conducting internal investigations. Perhaps the ethics and compliance program has identified an irregularity, or a concerned employee has notified his or her supervisor of potential wrongdoing. Worse, the company may have received notice of a regulatory or criminal investigation. The goal of this article is to identify the key drivers of a successful internal investigation and discuss how to address challenges that often come up in these situations.

Cybersecurity Summit: Protecting Your Business

Claudia Rast
April 28, 2016

Cybersecurity – Threats, Liabilities & Best Practices

April 21, 2016
MICPA Presentation 

Claudia Rast
Butzel Long 

The article about the discharge of Gerri Cannon for a Facebook posting overemphasized her alleged, but non-existent, legal rights and underemphasized the actual rights of her former employer, MTC Federal Credit Union

OESA West Coast Regional Supplier Meeting
Hacking and Tracking: Cybersecurity, Privacy & Data Ownership Presentation

April 19, 2016

Claudia Rast
Butzel Long 

Practical Considerations before and after a Terrorist Attack

Claudia Rast

45th Spring Conference
March 31, 2016
Austin, Texas 

"Privacy Shield probably won’t withstand scrutiny by Europe’s highest court if and when the draft trans-Atlantic data protection agreement is challenged after the European Commission adopts it, said two legal experts during an FCBA panel Monday. A third panelist, Andrea Glorioso, counselor for the digital economy with the EU delegation to the U.S., spoke off the record during the discussion, he told us after the event."

Private Industry Notification
Federal Bureau of Investigation, Cyber Division

Summary
A financially motivated cyber crime insider trading scheme targets international law firm information used to facilitate business ventures. The scheme involves a hacker compromising the law firm’s computer networks and monitoring them for material, non-public information (MNPI)1. This information, gained prior to a public announcement, is then used by a criminal with international stock market expertise to strategically place bids and generate a monetary profit.