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When requesting and preserving data, it can be difficult to know the proper legal balance between “too much,” and “too little.” Given all the types of data available to litigators, including social media (forget Facebook — how’s your Snapchat account looking lately?), many might simply request as much data as they possibly can … and potentially have their motion rejected. While this “Goldilocks zone” for requesting and maintaining case-related data can be somewhat difficult to find, as the defendants in the following three cases from earlier this year discovered, the best advice can be drilled down to three main concepts: Make sure it’s specific/relevant to the case, proportional to the amount available, and be sure to preserve your data once litigation becomes reasonably foreseeable.
By Alan L. Friel
Part One of a Two-Part Article
Responses to questions businesses frequently ask about the impacts of the CCPA. Implementation challenges inevitably will arise as a company works to apply these new requirements to its business practices. The time is now to start preparing for the CCPA, as well as for other new U.S. privacy laws that are likely to follow.
Increasing Client Requirements: Securing Law Firms for the 21st Century
By Debra Gray
Gone are the days of “basic security.” What used to be optional is now standard: two factor authentication, complex passwords, clean desk policies, data encryption at rest and in transit, mobile device management and up-to-the-minute patching. Clients expect these items to already be in place and are further expanding their expectations.
Cybersecurity False Claims Act Cases: The Next Frontier
By Andrew Mohr and C. Kelly Kroll
A new wave of False Claims Act cases is crashing ashore. Based on the federal government’s inclusion of toughened cybersecurity requirements for government contractors, numerous FCA cases will undoubtedly be filed and litigated in coming years against prime contractors and their major subcontractors for allegedly failing to comply with their contractual cybersecurity obligations.
Why Data Competency Is a Requisite for Tomorrow’s Practitioners
By Josh Becker
Whether they like it or not, lawyers interact with data every day. While there is no need for them to seek advanced degrees in data science or statistics, it is becoming increasingly difficult for them to provide adequate representation without being skilled in the uses of data.
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