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New e-discovery cases continue to proliferate, spotlighting key trends regarding the handling of ESI in litigation. Two particularly noteworthy topics include:(1) Possession, custody, or control questions involving employee text messages; and 2) the role and form of adverse inference instructions to juries to address ESI spoliation. Understanding how courts are addressing these issues will more readily prepare counsel to address them during litigation.
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By Jeff Pade and Lindsey Dieselman
Two recent Chinese laws — the Data Security Law (DSL) and the Personal Information Protection Law (PIPL) — include provisions aimed at restricting the cross-border transfer of China-based data foreign enforcement and judicial authorities. U.S. courts have not yet addressed whether these data protection and privacy laws could bar the production of documents in civil contexts involving governmental litigants or in criminal proceedings.
By Brian P. Piatek
Truly malicious internal threats can often be treated much like external threats using the tools and backups already in place. But how does a firm proactively identify the softer threats — which may be just as dangerous as the malicious threats and can cripple a firm just as effectively?
By Brian Schmitt and Abeer Abu Judeh
Mitigating Its Risks and the Call for Standardization of Software Development Security Protocols
This article details the anatomy of a supply chain cyberattack, explores the existing state of supply chain protective contractual terms, and proposes actionable steps with a collective approach to guide legal professionals through their precarious endeavors.
By Emil Sayegh
When cyber defenses work, there is a human tendency to become complacent. If you fall into this perception trap, you will quickly find yourself in survival mode — scrambling to restore and recover, and in a position where the best explanation was that the attack was somehow “unexpected.” The global cyberthreat is also still very real.