Companies and even law firms suffer data breaches, and usually claim privilege and work product protection for the inevitable resulting investigation. Unfortunately, courts seem to have rejected such protection claims in all but a few cases. Most of the other data breach victims have tried to emulate two of the winners, but have failed.
In…
On January 16, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued new guidance to incentivize voluntary self-disclosure (“VSD”) of possible violations of the Export Administration Regulations (“EAR”). This new guidance—which was announced in conjunction with a speech by BIS’s top enforcement official indicating the EAR enforcement is an increasingly important priority for BIS and the Department of Justice (“DOJ”)—continues a trend of BIS signaling increasingly aggressive enforcement of export control violations.
Linden Capital Partners has announced it will sell Specialty Networks to Cardinal Health for $1.2 billion in cash.
Specialty Networks, founded in 2018 and based in Cleveland, is an integrated, multi-specialty organization with group purchasing organizations, life sciences and research solutions in urology, gastroenterology and rheumatology.
Linden, based in Chicago, is a private…
Trinity Hunt Partners has announced it has closed a new fund, Trinity Hunt Partners VII, at its hard cap of $700 million.
The fund was oversubscribed.
Trinity Hunt, based in Dallas, is a growth-oriented private equity firm that targets small-cap companies in healthcare and a few other industries. Founded in 1993, the firm typically…
Last week’s Privilege Point described a data breach victim’s latest losing effort to claim privilege protection for its consultant’s investigation report. Leonard v. McMenamins Inc., Case No. C22-0094-KKE, 2023 U.S. Dist. LEXIS 217502 (W.D. Wash. Dec. 6, 2023). Before bluntly rejecting McMenamins’ privilege claim, the court spent more time analyzing its work product claim…
This summer, the Federal Trade Commission (“FTC”) will once again tighten the belt on entities that offer financial products and services when another round of amendments to the Gramm-Leach-Bliley Safeguards Rule goes into effect—this time, requiring covered entities to report data breaches to the FTC.
What is the Safeguards Rule?
The Safeguards Rule, which originally became effective in May 2003, long had a small bark and an even tinier bite. The rule required covered entities to develop, implement, and maintain a comprehensive written information security program with “appropriate” safeguards. With no private right of action and a breathtaking lack of specificity, this requirement was treated as little more than a suggestion by many covered entities.
3 Boomerang Capital has announced it has closed its flagship private equity fund with more than $375 million.
The fund, 3 Boomerang Capital I, was oversubscribed, exceeding its $350 million target.
3 Boomerang, based in Greenwich, Conn., is focused on lower middle market healthcare companies in North America and Western Europe. Founded in 2023, the firm focuses…
Whistler Capital Partners has invested in AmeriPro Health, according to a news release.
AmeriPro, based in Atlanta, is a provider of patient logistics and last-mile healthcare delivery services. Founded in 2018, the company serves health systems and communities across Georgia, Florida, Mississippi, Indiana, Kentucky and Tennessee.
Whistler Capital, founded in 2021 and…
The physician practice management (PPM) arena is a mixture of tailwinds, including the ability to expand ancillary services, and headwinds, including more expensive labor costs and antitrust pressures.
On this episode of The Corner Series, McGuireWoods’ Geoff Cockrell speaks with Andrew Colbert, senior managing director at Ziegler, a privately held investment bank, capital…
The last two Privilege Points have described yet another losing effort to protect a data breach investigation and related communications. In Leonard v. McMenamins Inc., Case No. C22-0094-KKE, 2023 U.S. Dist. LEXIS 217502 (W.D. Wash. Dec. 6, 2023), the court denied the company’s privilege and work product claims — specifically rejecting its efforts to…
