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It's Time for a Data Protection Checkup
This article is part of a series based on the BakerHostetler Data Security Incident Response Report. It focuses on developing and maintaining an information governance (IG) program. Look for further installments in future issues.
We recently released the first BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our law firm advised on in 2014. The report shows that human error was the number one cause of data security incidents we worked on last year, with employee negligence responsible for incidents 36% of the time. Other leading causes were theft by outsiders (22%), theft by insiders (16%), malware (16%), and phishing attacks (14%). As our report demonstrates, preventing unauthorized access is just part of the solution. Further, our report is limited to security incidents and does not even address data privacy and data hygiene (retention and destruction) issues. To fully address data privacy and security, companies should develop a comprehensive Information Governance (IG) program for managing their data. This article outlines a 10-step process to develop and maintain an IG program by: 1) Identifying data assets; 2) Conducting privacy and security assessments; 3) Regularly reassessing; 4) Identifying responsive and mitigating measures; 5) Implementing the measures; 6) Monitoring the operation and evaluating the effectiveness of the program; 7) Conducting education and training; 8) Addressing data in the hands of third parties; 9) Preparing for incidents; and 10) Considering insurance.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.