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The federal government is trying to find as many ways as possible to handle the cybersecurity crisis facing the United States. While it is unlikely that Congress will pass a comprehensive federal cybersecurity law, for the private sector the Executive Branch and its many agencies are issuing directives and guidelines with far-reaching impacts. Additionally, states across the nation are passing their own data protection and cybersecurity laws with whiplash speed. The U.S. doesn’t have a federal cybersecurity law, but the new regulatory and state landscape is changing the way companies do business. This basketweave of new laws provides a boost to existing cybersecurity guidelines. However, the industry standard for almost all organizations is the National Institutes of Standard and Technology (NIST) Cybersecurity Framework and NIST Privacy Framework.
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Typically Uncommon: Defending Class Action Certification in Data Breach Litigation
By Brian E. Middlebrook, Tyrik Jiang, John T. Mills and Joseph Salvo
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant’s breach of any purported duty of care, and whether the defendant’s alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is “what is the value, if any, of your injury or damages?”
A Legal CIO’s Guide to Technology Procurement In 2023
By Ted Theodoropoulos
For a legal CIO, one of the key responsibilities is to establish that the organization has the right technology in place to support its operations and achieve its business goals. This can be challenging, as there are many factors to consider when choosing new technology for your organization. One bad decision can have a material impact on not only the bottom line, but on the ability of your firm to compete in an ever-changing legal market.
Best Practices In Second Request Document Review: Eliminating the Fear Factor
By Jessica Robinson and Amit Dungarani
Part One of a Two-Part Article: Challenges and solutions in document review
HSR second requests have become increasingly common in mergers or acquisitions that meet the premerger reporting threshold, which in 2022 was a transaction value of more than $101 million. The burdens of complying with second requests are onerous. The mere thought of undergoing such an exercise tends to strike fear in the heart of the legal department. In this article series, we’ll outline the major challenges of second requests, suggest strategies to overcome them, and discuss how to face a second request with equanimity and confidence.
Innovating Hybrid: Empathy and Iteration
By Alaa Pasha
Recognizing that this is a time of innovation, one way law firms can ‘prepare for a future we can’t yet see’ is through leveraging two key levers: the need for empathy and iteration.