Protecting Corporate Assets

On January 1, 2010, two important state data security and privacy laws took effect in Nevada and New Hampshire. The laws create new obligations for most companies that do business in Nevada and for health care providers and business associates in New Hampshire.

Nevada’s law requires “data collectors,” including government agencies and businesses, that accept payment cards and are “doing business” in Nevada to comply with the Payment Card Industry Data Security Standard (“PCI DSS”). Nevada now becomes the only state to require compliance with PCI DSS in its entirety.

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Insider trading continues to be a significant priority for the SEC. The charges filed in two recent complex insider trading rings, including the highly publicized case against Galleon Management LP, include allegations that confidential earnings and other information from a number of well-known public companies was misused. Even the most sophisticated of companies can be vulnerable to the misuse of their nonpublic information. These cases serve as a important reminder to public companies

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A convergence of regulatory changes and evolving corporate fiduciary duties has heightened the importance of sound intellectual property (IP) management. Directors and officers of public and private companies need to know about IP generally, understand their own company’s IP specifically, and be sufficiently informed to make or direct defensible judgments on IP issues.

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