The insurance litigation world promises to be a busy one in 2023; an uptick in interest across novel areas – particularly ESG and technology – combined with the squeeze of an economic downturn provides the dramatic backdrop to a period which is likely to see a huge amount of activity. Continue reading “A perfect storm”
One of the greatest challenges that in-house legal teams confront from a data protection and cyber security perspective is staying up to date with trends and threats that seem to develop at an almost exponential rate. DLA Piper’s data protection and cyber security specialist Ross McKean explains: ‘Life was relatively simple in the early days of GDPR… since then there has been a rapid proliferation of laws, case law and guidance… so a key challenge for in-house lawyers is simply keeping up with all the new laws and legal developments.’ Continue reading “Catch me if you can”
The struggle to remain up to date with new developments, to identify and stop the spread of harmful information and protect against increasingly sophisticated cyber-attacks can feel daunting and unrelenting. For in-house legal teams, though, a range of tools and strategies are available to help regain and retain control. Continue reading “Reputation management in the digital age”
In 2020, Teva Pharmaceuticals conducted a law firm selection process unprecedented in scale and sophistication within the profession (see ‘On notice: Teva’s entire $330m legal spend could go to one law firm’, The Legal 500, Summer 2019). Continue reading “A wholly subjective (but nonetheless definitive) guide to law firms from a $300m client on how to make a successful pitch*”
Terra Potter (whose middle name is Cotta – IHL has seen the proof) proudly proclaims on LinkedIn that she originally hails from a cornfield outside Chicago and, while many lawyers claim to have had an unconventional path into a legal career, hers has been more so than most. Growing up in Rochelle, Illinois, she started working in kitchens, first as a dishwasher at the age of 14, before working her way up the cooking ladder, and so set her sights on a culinary career. A move to Hyde Park, New York and The Culinary Institute of America at the age of 17 had the unexpected consequence of a passion for the law. Continue reading “Terra Potter, Hexcel Corporation”
In recent times celebrity high profile litigation across the globe has taken place with actors, Gwyneth Paltrow’s successful defence of a claim arising from a ski collision on the slopes of Utah, and Jonny Depp winning his defamation lawsuit against Amber Heard, though losing an earlier case in London against UK newspapers in 2018. Such disputes have the potential to cause significant and sometimes business critical damage to the reputation of both the claimant and their intended target. In Ms Paltrow’s case she avoided her ski crash becoming a car crash and emerged reputation intact. But it is not always easy to achieve that outcome, given the inherent uncertainties of litigation. Continue reading “Reputation management and disputes: avoiding an avalanche of scrutiny”
Bermuda is a leading re/insurance jurisdiction and continues to be a global leader in innovative risk transfer solutions, including ILS, climate risk finance and insurtech. In keeping with other jurisdictions Bermuda’s (re)insurance legal and regulatory environment continues to develop responsibly, to protect consumers while also supporting the industry and facilitating the continued development of new, inventive (re)insurance products. Continue reading “Bermuda insurance regulation – responsible but facilitative environment encourages continued innovation”
Since China’s accession to the World Trade Organisation (WTO) in 2001, China has been making significant efforts to comply with its WTO commitments and has been progressively opening the Chinese insurance market to the world. Since 2017, China has been the world’s second largest insurance market, only next to the United States. Official data shows that market share for foreign invested insurance companies incorporated in China had increased from 3.5% in 2012 to 7.8% by 2021 and this figure had reached almost 20% by 2021 in major cities like Beijing and Shanghai. Continue reading “Establishing an open, mature and resilient insurance market in China”
Swiss data protection law is primarily set out in the Federal Data Protection Act (FDPA) and the Data Protection Ordinance (FDPO). As Switzerland is a member neither of the EU nor the EEA, the EU General Data Protection Regulation (GDPR) does not apply to Swiss companies except under GDPR Art. 3 and potentially Swiss conflict of law rules. On the other hand, the revFDPA can apply to companies located outside of Switzerland. Continue reading “Changing legislation in Switzerland: The new Swiss Federal Data Protection Act and updates on cybersecurity”
In late February 2023, IBM Security X-Force Threat, a team at IBM that deals with cyber threats, published its 2023 report which brings together global-scale information gathered in 2022. The Intelligence Index report tracks cyberattack patterns from billions of pieces of data, including computer networks, servers, personal computers, mobile phones, incident responses, vulnerability databases and ways to exploit vulnerabilities. Continue reading “Data protection and cybersecurity in Portugal: challenges ahead through 2023”
This article sets out an overview of the data protection requirements under the Act on the Protection of Personal Information of Japan (‘APPI’). APPI was passed in 2003 and went into effect in 2005. It has been amended time to time, including the amendments in 2021 and 2022. Continue reading “Overview of data protection requirements in Japan”
In-house counsel based outside The Bahamas frequently query about the data protection regime within the jurisdiction given the complexity of navigating cross-border data protection and transfer rules. With new data protection legislation and regulations being implemented around the world, it is often the case that businesses/entities who have no physical and/or corporate nexus to The Bahamas want to know what their obligations are should they collect or seek to collect data deriving from Bahamian data subjects. This article seeks to provide a brief overview of the core obligations of data controllers once certain criteria are met as explained below. Continue reading “Core data controller obligations under the Bahamian Data Protection Act”