-
Cybersecurity Law & Strategy
Privacy Risk Management & Data Minimization
Therese Craparo and Sarah Bruno
Many organizations — from growing start-ups to mature, well-established companies — are struggling with the new reality of what it means to manage data in an era of digital transformation, exponential data growth, and expanding regulatory regimes focusing on data management and minimization.
Read More ›
-
Cybersecurity Law & Strategy
Digital Dibs: Rival Views of Generative AI Copyrights
Greg Moreman
GAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape’s framework by posing a simple question: Who authored the material? We’ll explore how two countries are answering this question in different ways.
Read More ›
-
Cybersecurity Law & Strategy
Empowering Legal Professionals: Navigating AI Solutions for Efficiency and Data Security
Michael T. Murray and Tony Donofrio
Integrating AI tools into legal practice without compromising the security of sensitive client information is a paramount concern. In this article, we’ll examine how AI is revolutionizing certain aspects of legal work, while offering best practices for employing these technologies and providing guidance for legal professionals in selecting the right AI products and service providers.
Read More ›
-
Cybersecurity Law & Strategy
Pitfalls In Personal Device Data Collection
Marjorie Peerce and Marguerite O’Brien
The increasing frequency of “bring your own device” policies creates serious implications for subpoena recipients and litigants to ensure compliance with discovery demands. And courts across the country consider such personal mobile data fair game. To avoid pitfalls —and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
Read More ›
-
Cybersecurity Law & Strategy
Washington My Health My Data Act FAQs: Data Subject Rights
Amy de La Lama and Andrea Rastelli
Like so many other features of the MHMDA, data subject rights are deceptively complicated and have the potential to create significant administrative hurdles to getting it right. In this article, we examine the tricky issues in our MHMDA FAQs and take a deep dive into data subject rights.
Read More ›
-
Cybersecurity Law & Strategy
Programmers Liability for Alleged Rights Violations Caused By AI Software
Jonathan Bick
AI is designed to accomplish goals specified by and receive directions from a human being. Thus, it has been suggested that either direct or vicarious liability may be applied to hold the human programmer who wrote the software algorithms liable for the damages caused by the AI agent.
Read More ›
-
Cybersecurity Law & Strategy
Determining Ownership Rights of Social Media Accounts
Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi
This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
Read More ›
-
Cybersecurity Law & Strategy
What Employers Need to Know About Employee Privacy
Lisa Gingeleskie
Many employers struggle with not only identifying what is private protectable information, but also how to safeguard that information while also protecting the company’s own business interests. Given the increased costs of litigation, it is critical that employers understand their obligations under the law and how to strike a legally compliant balance between these competing interests.
Read More ›
-
Cybersecurity Law & Strategy
Law Firms’ Pressing AI Questions
Cassandre Coyer
Most of the legal industry has by now boarded the generative artificial intelligence train, filling up conference sessions dedicated to the topic, testing new legal technology solutions and exploring the emerging legal questions that the technology will pose. But most of their questions about generative AI are still unanswered.
Read More ›
-
Cybersecurity Law & Strategy
U.S. Regulators Lift the Curtain on Data Practices with Assessment, Reporting and Audit Requirements
Alan Friel, David Manek, Sasha Kiosse, David Farber and Colleen M. Yushchak
The assessment and audit requirements of the new generation of state data protection laws will force U.S. companies to move beyond mere window dressing and instead require them to develop fulsome data protection programs.
Read More ›
-
Cybersecurity Law & Strategy
Artificial Intelligence Redefines Our Defense Against Cyber Threats
Roy Hadley
The cybersecurity landscape is on the brink of a transformative shift, with predictive analytics and behavioral analysis leading the charge for more resilient and adaptive defenses.
Read More ›
-
Cybersecurity Law & Strategy
Deep Fake of CFO on Videocall Used to Defraud Company of $25M
Scott Warren
Hackers are using AI to sift large digital data to identify more convincing approaches for their scams as well as weaknesses in weaknesses in software coding or network security.
Read More ›
-
Cybersecurity Law & Strategy
5 Expert Cybersecurity Steps to Take in 2024
Luke Tenery
As many CISOs and cyber teams think about the year ahead, and legal professionals consider the far-reaching consequences of cybersecurity, here is a checklist to help them prepare for the biggest cybersecurity trends to come.
Read More ›
-
Cybersecurity Law & Strategy
Pennsylvania Court Hit With Cyberattack, But It Had a Plan
Daniel J. Siegel
Law firms have information that hackers want — Social Security numbers, financial data, personally identifiable information and more. It is therefore essential that firms plan for a possible breach. And when the breach occurs, have a plan.
Read More ›
-
Cybersecurity Law & Strategy
FTC's ‘Click to Cancel’ Rule Could Cost $2.7 Billion for Businesses
Maydeen Merino
The FTC’s proposed click to cancel rule amendments would impose a one-time cost of $2.7 billion on businesses and have an annual effect on the national economy of at least $100 million, according to an economic report by the online advertising industry’s association.
Read More ›
-
Cybersecurity Law & Strategy
All the News That’s Fit to Pinch: 'NYT v. OpenAI'
Jonathan Moskin and Rachel Pauley
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
Read More ›
-
Cybersecurity Law & Strategy
To Benefit from Cyber Insurance Coverage in France, Don’t Forget to File a Complaint
Stéphanie Faber and Charles Helleputte
Since April 2023, French regulation makes the payment of insurance compensation in case of cyberattacks conditional on the filing of a complaint within a reduced time frame. This regulation has been enacted in the context of the French government decision to fight against the resurgence of cyberattacks, together with ransom demands, which have a significant impact on the economy.
Read More ›
-
Cybersecurity Law & Strategy
Artificial Intelligence: A New Weapon of Insider Threats
Peter Collins
In the hands of a motivated insider with only average technical proficiency, AI becomes a uniquely effective tool with which to penetrate an organization’s complete security infrastructure for any number of malicious purposes.
Read More ›
-
Cybersecurity Law & Strategy
‘Keyword Warrants’ Pose Privacy Threat
Logan Youngworth-Wright, Bowman Taylor and Rubin Sinins
The practice of seeking a "keyword warrant" is a technique of dragnet policing. A keyword warrant requires the production of all IP addresses for anyone who inputs a particular word or phrase into an internet search engine. The search results are then used to identify a device user.
Read More ›
-
Cybersecurity Law & Strategy
FTC Revises Children’s Online Privacy Rule to Extend Parental Consent to Targeted Advertising
Chris O’Malley
The Federal Trade Commission in January provided more details on its proposed changes to the Children’s Online Privacy Protection Rule, underscoring the need for online operators to review and prepare to update their policies and procedures.
Read More ›
-
Cybersecurity Law & Strategy
Third Circuit to Rule on TikTok’s Section 230 Immunity After Viral Stunt Turned Fatal
Avalon Zoppo
The U.S. Court of Appeals for the Third Circuit has been asked to decide whether TikTok’s “highly personalized” algorithm that feeds videos to users is considered first-party speech not immune from civil liability by Section 230 of the federal Communications Decency Act.
Read More ›
-
Cybersecurity Law & Strategy
The EU AI Act Will Transform Practices for AI Governance In the U.S.
Dominique Shelton Leipzig
The EU AI Act solidifies one of the world’s first comprehensive attempts to bring governance to unlock innovation in AI. U.S. companies have asked, what exactly does this development mean for their businesses?
Read More ›
-
Cybersecurity Law & Strategy
The Indispensable Role of Litigation Analytics in Modern Class Action Practice
Aria Nejad
The need for precise, accurate, and comprehensive data analysis is paramount in class action litigation, where the stakes are high and the complexities manifold. At the heart of this change is the rising tide of litigation analytics.
Read More ›
-
Cybersecurity Law & Strategy
What Does 2024 Hold for Cybersecurity?
Steve Salkin
Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.
Read More ›
-
Cybersecurity Law & Strategy
What You Don’t Measure You Can’t Improve: AI from the View of an Applied Scientist
Steve Salkin
We caught up with an actual, real-life scientist, Jeremy Pickens, Head of Applied Science at Redgrave Data, for a Q&A that ran the gamut from a history of AI, to how one becomes a data scientist, the difference between AI in consumer industry and legal, what we can expect from AI in 2024, LLMs on acid, and more.
Read More ›
-
Cybersecurity Law & Strategy
The Importance of Cyber Vigilance: Control Liability and Litigation Exposure
Brandon Hollinder
This article covers cyber trends and tips for organizations to explore in order to be better equipped to anticipate and respond to cyber incidents before a devastating breach occurs. The outcome? Diminished chance of class action activity, compliance violations, lost business, and mounting costs.
Read More ›
-
Cybersecurity Law & Strategy
Fighting Cybercrime With Cyberaccounting
Sharon L. Levin and Bruce DeGrazia
As cybercrime intensifies, it is revealing a skills shortfall among those who defend our financial infrastructure. It has become critically clear that we need to radically rethink the way we prepare our frontline defense to include more experts with both technical savvy and accounting expertise. In other words, we need an army of cyber accountants.
Read More ›
-
Cybersecurity Law & Strategy
Experience Management: Platform vs. Best of Breed
Jason Noble
Should your firm buy into a platform and capitalize on those efficiencies and integrations, or should you go “best of breed,” seeking out the best solutions for each business problem your firm is trying to solve with technology and create integrations where needed? Here are some thoughts on the platform versus best of breed paths when it comes to experience management.
Read More ›
-
Cybersecurity Law & Strategy
Next On AI’s Agenda, Regulatory Scrutiny
Gretchen L. Jankowski and Abigail L. Cessna
While some jurisdictions are enacting or proposing AI-specific regulation, many existing regulatory frameworks apply to new technologies, including antitrust. Companies may experience different potential antitrust risks depending on the type of AI technology and their use of that technology.
Read More ›
-
Cybersecurity Law & Strategy
United Kingdom Approves Online Safety Bill; Making Social Media Companies Responsible
Peter Brown
The United Kingdom's Online Safety Bill makes social media companies responsible to prevent and remove illegal or dangerous content, including posts relating to terrorism, child exploitation, hate crimes or fraud.
Read More ›
-
Cybersecurity Law & Strategy
New Jersey Looks to Other States In Enacting Data Privacy Legislation
John T. Wolak and William C. Martinez
At this juncture New Jersey stands at a crossroad, with the Legislature facing important choices on the scope and terms of comprehensive privacy legislation that will have a dramatic impact on business operations as well as the individual rights of New Jersey residents.
Read More ›
-
Cybersecurity Law & Strategy
Turning the Tables: Ransomware Actor Files Complaint With the SEC Against Victim for Failing to Timely Disclose Cyberattack
Mason Lawlor
Ransomware operation AlphV/BlackCat has filed a SEC complaint against one of its alleged victims, MeridianLink, for allegedly failing to comply with the four-day rule to disclose a cyberattack.
Read More ›
-
Cybersecurity Law & Strategy
In Case You Missed It: AI Ethics, Algorithms and Other Takeaways from the First-Ever IAPP AI Conference
Isha Marathe
The conference’s panels and keynotes looked to connect the dots between the tools governments and individuals have in the age of AI to protect themselves — and the tools they will need to develop.
Read More ›
-
Accounting And Financial Planning For Law Firms
Cyberaccountants Offer a New Line of Defense Against Digital Disruption
Sharon L. Levin and Bruce DeGrazia
As cybercrime intensifies, it is revealing a skills shortfall among those who defend our financial infrastructure. It has become critically clear that we need to radically rethink the way we prepare our frontline defense to include more experts with both technical savvy and accounting expertise. In other words, we need an army of cyberaccountants.
Read More ›
-
Cybersecurity Law & Strategy
INFOGRAPHIC: Keeping Up with the Evolving Patchwork of Laws: An Interactive Map of State Privacy Laws
CLS Staff
An Interactive Map of State Privacy Laws
Read More ›
-
Cybersecurity Law & Strategy
Happy Anniversary ChatGPT! Leveraging Generative Artificial Intelligence in Your Law Firm Practice One Year into this Disruptive Technology Phenomenon
Joy Holley
While the societal impact of technology is not a new concept, GenAI stands out due to its accessibility to the public and its profound influence on knowledge-based industries like law. In addition to boosting efficiency and productivity, GenAI’s new technological capabilities hold the promise of empowering lawyers to offer more precise and insightful guidance to their clients.
Read More ›
-
Cybersecurity Law & Strategy
Testimonial Evidence Technology Is Transforming the Litigation Landscape
Michael T. Murray and Tony Donofrio
Managing and presenting testimony are changing a lot these days thanks to new technology. Some of the innovations lawyers are using to handle depositions, witness statements, exhibits and other evidence more efficiently and persuasively will alter the way matters are handled for the foreseeable future.
Read More ›
-
Cybersecurity Law & Strategy
AI and Law Practice: A Roadmap for Success In Modern Legal Firms, Part 2
Melissa “Rogo” Rogozinski and Steve Salkin
Part Two of a Two-Part Article
A report on the September panel discussion sponsored by the Miami Dade Bar Association Law and Technology Committee, on AI and how to effectively use it in law firms.
Read More ›
-
Cybersecurity Law & Strategy
Sports Memorabilia NFTs Bring Web of Rights to Negotiate for Athletes, Agents
Andrew Dana
An inside look at the jungle of rights, including insights from a top racetrack executive, on the use of NFTs. We also lay out some practical tips for athletes, agents, and attorneys on how to navigate the digital sports memorabilia landscape, including in contract negotiations and disputes.
Read More ›
-
Cybersecurity Law & Strategy
Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective
Amir Kashani, Xuechen (Rebecca) Ding and Aseet Patel
Part Two of a Two-Part Article
In Part One, we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM’s patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we will analyze the claims made in the IBM v. Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.
Read More ›
-
Cybersecurity Law & Strategy
Emojis in the Workplace: Innocent Fun or Discovery Hazard?
Jessica Lee and Matt Jackson
Emojis can be equally troublesome in any type of business legal case. How are your employees using emojis in text messaging? Awareness can be an important part of risk reduction. We have compiled here a few case law examples where the use of emojis in business communications had surprising legal ramifications.
Read More ›
-
Cybersecurity Law & Strategy
WEBINAR: AI & Intellectual Property
Cybersecurity Law & Strategy Staff
Owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement. Join LJN for a free webinar on Nov. 9.
Read More ›
-
Cybersecurity Law & Strategy
Cloud Marketplace: Stretch Your IT Budget by Partnering with Legal
Shannon Smith
By leveraging cloud marketplace solutions, the IT department can help the corporate legal department — and the business as a whole — get more from its software budget.
Read More ›
-
Cybersecurity Law & Strategy
Practice Makes Almost Perfect: Test Your Incident Response Plan With Simulated Cyber Tabletop Games
Brandon Hollinder
More businesses are facing legal actions alleging improper preparation to avoid and/or respond to a breach event. Arguably one of the best tools to assist in preparing for and avoiding some of the negative consequences of a cyber event is a tabletop simulation exercise.
Read More ›
-
Cybersecurity Law & Strategy
Law Firm Hybrid Work Policies Are Evolving — And Growing Teeth
Anthony Davies
What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from “office optional,” to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
Read More ›
-
Cybersecurity Law & Strategy
The Rise of AI-Generated Voice Deepfakes
Jeffrey N. Rosenthal
Several tech companies are making strides training speech recognition tools to mimic the speaker’s voice. And while this can improve user clarity and accessibility for those with physical limitations, there is another, more troubling trend: the prevalence of “voice deepfakes” — creating synthetic voices from unknowing (or unwilling) participants using generative artificial intelligence.
Read More ›
-
Cybersecurity Law & Strategy
California Privacy Bill Could Upend the Way Data Brokers Do Business In the Golden State
Maria Dinzeo
A California privacy bill that will give consumers the power to delete their personal information through a single request may soon become law, and could upend the way data brokers, advertisers and publishers do business in the Golden State.
Read More ›
-
Cybersecurity Law & Strategy
New U.S.-China Investment Dynamic Focuses On AI and Sensitive Technologies
David A. Holley
An Executive Order released by the Biden Administration on Aug. 9 places increased importance on due diligence when investing in specific foreign countries. The Executive Order will regulate outbound investments in China with a focus on key technologies critical to safeguarding U.S. national security, including artificial intelligence.
Read More ›
-
Cybersecurity Law & Strategy
New York’s Latest Cybersecurity Commitment
Erik B. Weinick
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York’s inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Read More ›
-
Cybersecurity Law & Strategy
The EU-U.S. Data Privacy Framework: Did Transferring Personal Data from the EU to the U.S. Just Get Easier?
Wim Nauwelaerts
Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.
Read More ›