DHS and DOJ Publish Joint Guidelines for Voluntary Sharing Cyber Threat Indicators and Defensive Measures with Federal Government
Client Alert | 1 min read | 06.17.16
On June 15, 2016, the Department of Homeland Security jointly issued with the Department of Justice guidelines and procedures available here for the voluntary sharing and receiving of cyber threat indicators and defensive measures between and among non-federal and federal entities and among private entities for cybersecurity purposes. These guidelines and procedures, which are directed to be published pursuant to the Cybersecurity Information Sharing Act of 2015 (CISA), describe what types of information may be shared, the mechanisms for sharing it (including through the DHS-operated Automated Indicator Sharing platform), and how to safeguard privacy and civil liberties to qualify for the liability and other protections afforded by CISA, which include a limited antitrust exemption; exemption from state and federal disclosure laws; exemption from certain state and federal regulatory uses; no waiver of privilege; protection for commercial, financial and proprietary information; and an ex parte communications waiver.
Insights
Client Alert | 4 min read | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful.
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
Client Alert | 6 min read | 08.11.26
Client Alert | 1 min read | 08.10.26
