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The struggle is real. With the EU’s General Data Protection Regulation (GDPR) set to take effect in May of 2018, the serious implications for corporate legal counsel and e-discovery teams are difficult to deny. Among other aspects of its broad reach, the GDPR extends compliance requirements to both data controllers and “processors,” a distinction that certainly includes e-discovery data processing in the context of litigation and investigations. Complicating matters further, the Regulation affords data subjects the “right to be forgotten,” a key aspect that affords individuals that right to request erasure or removal of data from systems and databases, presenting potential new challenges for the collection and hold of data in connection with U.S. discovery requirements.
By Bart A. Lazar
The confusing and conflicting world of contractual requirements and personal data security breach notification laws can add insult and expense to injury, and sometimes adds injury itself. Tough -- and sometimes expensive -- choices need to be made quickly.
By Robert W. Anderson and Eric B. Levine
Critical to any counsel working to prevent a cyber-attack or respond to a successful cyber intrusion is an understanding why and how to properly utilize both attorney-client and work-product privilege. The overriding principle of using privilege is straightforward: to protect your organization’s investigation and breach response efforts from usage by third parties or regulatory agencies in litigation arising from a breach.
By Adam Cohen
Part One of a Two-Part Article
Part One of this two-part article is aimed at demystifying the hesitations behind cloud security and analyzing the fast-growing transformation to a range of newer technical approaches with important consequences for legal practice.
By Jared Coseglia
Part Two of a Two-Part Article
Professionals in e-discovery and privacy, including lawyers, are hungry for growth opportunities and may be ripe to transition into certain security-centric positions; however, the security job landscape is far more expansive and far less commoditized than ESI or privacy — for now. Part Two provides a road map for how certifications can assist an individual or an organization in reinventing, repurposing, creating or maintaining cybersecurity talents.