Apr. 1, 2020

A Considered Cooperation Approach Is Vital in ICO Data Protection Audits

The U.K. Information Commissioner’s Office’s (ICO) power to conduct data protection audits has been compared to “dawn raid” powers under other regimes. If the ICO finds wrongdoing during one of these audits, it has a suite of enforcement powers. In a guest article, Orrick partners Keily Blair and James Lloyd, and trainee Lara Nonninger suggest that, despite these powers, companies may be “over-complying” and should consider the nature and extent of their cooperation with the ICO. They also discuss the ICO’s enforcement power and how to prepare for a data protection audit. See “ICO Enforcement Takeaways After Marriott and British Airways” (Oct. 23, 2019).

Investigation Strategies During Social Distancing

Palmina Fava, a partner at Vinson & Elkins and a veteran of numerous multinational corruption investigations, is used to finding creative ways to gather evidence from afar, sometimes even working on a shifted schedule in New York to take witness interviews in China via video conference during the night. When the COVID‑19 crisis hit and it became apparent that the standard operating procedures for internal investigations would be on hold for a while, we reached out to her to see how her clients are reacting, her thoughts on what companies should be doing to protect themselves and how internal investigations can still move forward during this time of social distancing. See “Managing Cyber Investigations: A CISO and In-House Counsel Discuss Best Practices for Real-Life Scenarios” (Jun. 20, 2018).

When Do Force Majeure Clauses Excuse Performance?

The COVID-19 pandemic and the related business disruption has thrust force majeure clauses, which may offer parties to a contract the opportunity to delay or even forego performance due to unforeseen circumstances, into the spotlight. Two recent seminars, one presented by the New York State Bar Association, featuring attorneys from Offit Kurman, and the other by Dentons, featuring two of its attorneys, considered what constitutes force majeure, the legal principles that govern force majeure clauses, other legal principles that may excuse performance, and issues to consider when drafting force majeure clauses. This article synthesizes the key takeaways from both presentations. See “Business Considerations for Responding to the Coronavirus Outbreak” (Mar. 18, 2020).

Drawbridge Partners Welcomes Managing Director in London

Simon Eyre has joined cybersecurity software and services firm Drawbridge Partners in London as a managing director, where he will lead its engineering, product and customer engagement teams across Europe. For more from Drawbridge Partners, see “CFTC Issues $1.5-Million Fine After Phishing Attack” (Oct. 23, 2019).