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.
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.
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.
Even though law firms don't generally manage retail-type websites, they are far from immune to cyber threats. In fact, firms are prime targets for cyber criminals.
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.
Jeff Reihl and Rick McFarland
With the corpus of law data becoming ever-more complex and nuanced, the use of machine-assisted research and analysis is becoming more of a requirement, rather than an option, in the legal profession. Because of this, some have expressed fear that robot-lawyers will replace legal professionals.
Cryptocurrency’s Technological Character Allows Estate Planning to Protect the Intent of Its Holders, But the Lack of Statutory Structure Necessitates Proactive Steps
Cryptocurrency, such as Bitcoin, has value and therefore is increasingly likely to become an estate asset. Due to the nature of cryptocurrency, typical wills and revocable living trusts may not be well suited to efficiently transfer this new type of asset. Consequently, new estate planning questions and clauses are needed.
Gabrielle Orum Hernández
A Q&A with Penn Law Prof. Anne Toomey McKenna
The newly appointed Penn State professor sees a lot of room for questions in the evolving cyber law landscape, but so far there are few answers.
Oft-Considered an Avenue for Individuals to Attain Greater Control over Their Digital Information, Blockchain Could Be Leveraged By Facebook to Change Its Status As “Gatekeeper” for User Data
Facebook Inc. recently announced that it will begin exploring different ways to incorporate blockchain into its infrastructure. Yet, questions remain over how the social media company will implement the technology and what sort of legal challenges doing so could portend.
Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims
As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.