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Deeper Dive: Preserving Ephemeral Messaging — Capture Data Before Its Ghosts Haunt Your Compliance
Organizations whose mantra is "We just never delete anything" (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our 2024 DSIR Report makes evident, data incidents continue to plague businesses in all sectors of the economy, exposing information of no business value but with real business risk. Likewise, maintaining information containing sensitive personal information may require disclosures under the California Consumer Privacy Act. That said, indiscriminate deletion is not acceptable either, in part because of the risk of prematurely deleting information relevant to litigation or government investigations. This article considers how an organization might consider handling information generally, through the lens of a specifically troubling subset of information: ephemeral messages.
Federal Regulators Reemphasize Significance of Ephemeral Messaging
Although the way we communicate continues to change rapidly, U.S. regulatory agencies remain steadfast in their commitment to ensure all evidence relevant to their respective investigations is being preserved, and plaintiffs' counsel are not far behind. In March 2023, the U.S. Department of Justice (DOJ) reinforced its concerns about the loss of ephemeral messaging and issued comprehensive guidance instructing organizations to preserve all relevant business communications conducted on personal devices and messaging apps. While acknowledging the important role ephemeral messaging platforms could have in enabling business growth and prosperity, the DOJ also made clear that organizations should tailor policies and procedures to effectively pivot from deletion to preservation in the event of an investigation.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.