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Data transfers are often the overlooked security hole for law firms. Attorneys and legal professionals handle ' and exchange ' highly sensitive client work product on a daily basis. Although lawyers normally default to tools such as e-mail, FTP, or courier deliveries, these methods do not necessarily deter breaches or offer the level of security mandated by government regulations such as HIPAA (Health Insurance Portability and Accountability Act).
Of equal importance is the growing trend of bring-your-own-device (BYOD) and the implications related to unsecured file transfers from personal devices such as smartphones or tablets. If a personal device used for access to firm data is not adequately secured, it can create yet another vulnerability that can be exploited by skilled individuals with malicious intent.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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