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The Importance of Cyber Vigilance: Control Liability and Litigation Exposure
Cyber incidents occur daily. In its H1 2023 Data Breach Analysis, the Identity Theft Resource Center (ITRC) reported that data compromises are about to set a new record. There was an increase of 114% in reported data compromises from 2023 Q1 to Q2 reflecting the highest number of breaches ever during a quarter. (See, H1 2023 Data Breach Analysis: 2023 Data Compromises Are on a Blistering Pace to Set a New Record (Identity Theft Resource Center, 2023); Austin, Doug. "Most Data Breaches in a Quarter Ever, Reports. ITRC: Cybersecurity Trends" (eDiscovery Today July, 12, 2023).) According to Cybercrime Magazine, by 2025 the global damage from cybercrimes is forecasted to reach $10.5 trillion. (See, Wise, Jason. "15 Urgent Cybersecurity Statistics in 2023" (Earthweb Aug. 17, 2023).)
Cyber incidents threaten an organization's data management and retention capabilities, business operations, and client relationships. Even organizations with sophisticated security systems can be at risk.
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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.