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LaVigne, Christopher L.

Christopher L. LaVigne

Partner
  • Sanctions Round Up: Third Quarter 2017

    11 Oct 2017

    The third quarter was headlined by the imposition of broad new US legislative sanctions against Russia, Iran, and North Korea.  The Trump Administration also acted unilaterally to significantly expand sanctions against both North Korea and Venezuela, while removing decades-old sanctions against Sudan.  OFAC continued its recent trend of pursuing enforcement actions again non-financial entities.

  • Agnès Dunogué, Christopher LaVigne and Jeewon Kim Serrato Co-Author Article on Microsoft Corp. v. United States

    Sep 2017

    On July 14, 2016, the United States Court of Appeals for the Second Circuit released its decision in Microsoft Corp. v. United States, rejecting the U.S. government’s efforts to require Microsoft to turn over emails held overseas in its data center in Dublin, Ireland, pursuant to a judicially authorized search warrant. Partners Agnès Dunogué and Christopher LaVigne (both New York-Litigation) and counsel Jeewon Kim Serrato (San Francisco-Privacy & Data Protection) co-authored “Implications of Microsoft’s Win in Overseas Server Email Case” for E-Commerce Law and Policy in which they explain how this decision, while narrow, runs counter to a trend in which courts have generally accepted the U.S. government’s efforts to obtain evidence stored abroad. They also discuss how the case may have meaningful implications for where corporations store their data in the future and on the U.S. government’s ability to use certain investigative techniques to obtain data stored overseas.

  • New York State Cybersecurity Regulations: First milestone in sight, what is next on the horizon?

    22 Aug 2017

    The New York State Department of Financial Services (“NYDFS”) enacted final cybersecurity regulations (“Regulations”) for NYDFS regulated entities that went into effect on March 1, 2017. The first deadline for compliance under the Regulations is August 28, 2017, by which date covered entities are required to, among other things, create a written cybersecurity policy and appoint a Chief Information Security Officer (“CISO”). The Regulations also require an annual certification by the Chairperson of the covered entity’s Board of Directors (or a senior officer) as to the entity’s compliance with the Regulations. As the first such certification is required to be made by February 15, 2018, and the NYDFS has issued updated Frequently Asked Questions (“FAQs”) that provide additional compliance guidance, now is the time to look beyond the first deadline and begin taking action.

  • Sanctions Round Up: First Half 2017

    6 Jul 2017

    The first six months of the Trump Administration saw several notable developments for US sanctions, with particular implications for Russia and Iran.  The Administration also declared a shift in US policy toward Cuba.  Meanwhile, OFAC concluded a major enforcement effort against the Chinese firm ZTE, imposing the largest fine on record against a non-financial entity.

  • United States Supreme Court Clarifies Scope of Specific Personal Jurisdiction in State Court

    22 Jun 2017

    On Monday, June 19, 2017, the Supreme Court clarified the limits of specific personal jurisdiction in state courts, holding that a connection between a defendant’s contacts with the forum and the claims at issue remains essential in establishing whether a state court has such jurisdiction. The Court reversed a decision from the California Supreme Court, rejecting that court’s “sliding scale approach” to specific jurisdiction. Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty., No. 16-466 (June 19, 2017). Writing for the Court, Justice Alito analyzed whether plaintiffs’ claims sufficiently arose out of or related to defendant’s forum activities to create specific jurisdiction, and concluded that there was no adequate link between the claims and the forum. In so doing, the Supreme Court more clearly delineated the potential reach of specific personal jurisdiction in state courts. 

  • Matal v. Tam: Trademark Disparagement Clause Held Unconstitutional

    20 Jun 2017

    Yesterday, the Supreme Court held in an 8–0 decision that the disparagement clause in the Trademark statute—which prohibits the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any “persons, living or dead,” 15 U.S.C. § 1052(a)—violates the Free Speech Clause of the First Amendment. Justice Alito, writing for the majority, explained that the disparagement clause defies “a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”

  • United States Supreme Court Holds SEC Disgorgement Orders Subject to Five-Year Statute of Limitations

    6 Jun 2017

    On Monday, June 5, 2017, a unanimous Supreme Court held that the ability of the Securities and Exchange Commission (“SEC”) to seek disgorgement in connection with a violation of federal securities law is subject to a five-year statute of limitations, reversing a decision from the United States Court of Appeals for the Tenth Circuit, and rejecting the SEC’s argument that disgorgement is an equitable remedy not subject to any statute of limitations. Kokesh v. SEC, No. 16-529 (June 5, 2017). 

  • WannaCry Global Ransomware Attack: What You Need to Know

    25 May 2017

    The WannaCry ransomware attack was first reported on Friday, May 12. Within hours, it shut down thousands of computer systems, locking users out of their own files. The latest report estimates over 300,000 computers in 150 countries were affected, which could cost as much as $8 billion in lost revenue due to business disruptions. Banks, hospitals, telecommunications services, train stations, and other mission-critical organizations in multiple countries were all hit, including the UK government’s National Health Service, which was one of the first and worst hit by WannaCry. Thousands of operations and appointments had to be canceled as the WannaCry malware locked users out of their computers and threatened to delete patient files unless ransoms of $300 were paid.

  • Lavigne and Serrato Co-Author Article in Street & Smith’s Sports Business Journal on Hacking Scandals and Vulnerabilities

    15 May 2017
    Partner Christopher LaVigne (New York-Litigation) and counsel Jeewon Kim Serrato (San Francisco-Privacy & Data Protection) co-authored an article discussing the recent hacking scandals in the sports industry as well as possible vulnerabilities for professional sports teams and leagues.
  • US Supreme Court to Consider Registrant’s Liability for Non-Disclosure Under Item 303 of Regulation S-K

    31 Mar 2017

    On March 27, 2017, the United States Supreme Court granted a petition for a writ of certiorari to resolve a circuit split on whether corporate issuers’ disclosure obligation under Item 303 of SEC Regulation S-K can be an independent source of liability under Section 10(b) of the Securities Exchange Act of 1934.  Leidos, Inc. v. Ind. Pub. Ret. Sys., No. 16-581. 

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Education

  • Northwestern University School of Law, J.D., 2002, cum laude
    • Journal of Criminal Law & Criminology, George A. Spiegelberg Award for Best Oral Advocate of the 2002 National Trial Competition
  • University of Pennsylvania, B.A., 1998, cum laude

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