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Colorado recently adopted a new law expanding companies’ obligations in the event of a cybersecurity incident, and establishing new data security and disposal obligations. Recent announcements by the SEC likewise emphasize important responsive points for both companies and their personnel in the wake of an incident. Five key takeaways from these developments are highlighted below. In brief, proactively updating company policies, remediation plans, and disclosure and trading practices before a cybersecurity incident arises can go a long way towards efficiently working through a situation when it arises.
By Stephen Cole
To comply with the data side of the Outside Counsel Guidelines, firms must have a clear information governance strategy for which the firm’s use of technology systems is foundational.
By Mike Hamilton
The amendments to the Federal Rules of Civil Procedure in 2015 intended to clarify some of the ambiguities that caused inconsistent rulings in e-discovery matters. One such amendment was to Rule 37(e), which seemed to indicate that courts would not levee punitive sanctions without establishing “intent to deprive.” Despite this language, though, courts continue rely on their inherent authority to issue sanctions, meaning organizations must take their preservation obligations seriously.
By Arup Das
Beyond improving efficiency, new advancements in Robotic Process Automation, or RPA, are helping lawyers do more billable work without hiring more people.
By Patrick Smith
Because They Often Possess Valuable Information on a Variety of Companies and Individuals, Law Offices Continue to Be a Favorite Target for Hackers
The DOJ said that two U.S.-based law firms were among the victims of a “complex transnational organized cyber-crime network” that has been taken down.