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This past October, Deputy Attorney General Lisa Monaco announced the launch of the Department of Justice’s (DOJ) Civil Cyber-Fraud Initiative targeting entities and individuals that fail to follow government cybersecurity standards. Under the initiative, to be led by the Fraud Section of the Civil Division’s Commercial Litigation Branch, the DOJ announced that it would utilize its powerful enforcement tool — the False Claims Act (FCA) — to pursue cybersecurity-related fraud by government contractors and grant recipients. Shortly after the announcement, in remarks at the Cybersecurity and Infrastructure Security Agency (CISA) 4th Annual National Cybersecurity Summit on Oct. 13, 2021, DOJ Civil Division acting Assistant Attorney General Brian Boynton described three “prime candidates” for potential FCA enforcement under the initiative: 1) providing products or services that fail to comply with cybersecurity standards; 2) misrepresenting security controls and practices; and 3) failing to timely report suspected cybersecurity breaches.
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Avoid Making Tech Decisions In Crisis Mode
By Tomas Suros
Some law firms are realizing that the hasty, though necessary, decisions made to facilitate remote work should be revisited or undone. Many of the tools implemented in an emergency are insufficient to withstand the increasing cybersecurity threats law firms are facing today. The good news, though, is that it’s not too late to implement the right tech to protect your firm.
Why Collaborate: The Future of Legal Services Is Human
By Joey Seeber
It is no surprise that in this environment many lawyers are prioritizing qualitative factors, such as work-life balance and feeling appreciated and recognized at work, rather than compensation alone when choosing where to work. Why is it no surprise? Because many of their employers began valuing quality over quantity with their ALSPs years ago. And this shift might do even more for your organization.
A Compliance Briefing for Privacy Officers on the New Canadian Consumer Privacy Protection Act
By John Beardwood and Shan Arora
Part Two In a Series
Part One of this series introduced the history of Canada’s recently introduced Consumer Privacy Protection Act and reviewed the similarities with GDPR, such as data portability, the right not be forgotten, codes of practice, and a safe harbor provision. Part Two analyzes the new compliance requirement of valid consent.
New Technologies Make for a Shifting Definition of ‘Technical Competence’
By Tinamarie Feil
While new and/or improving technologies may be challenging, they likely also present new opportunities which can facilitate delivering the best services at the best cost. Some solutions can be handled directly by law firms — but others will require the courts to approve, and, perhaps, even change of procedures to get with the times.
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