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Features
Alan L. Friel
Part One of a Two-Part Article
Responses to questions businesses frequently ask about the impacts of the CCPA. Implementation challenges inevitably will arise as a company works to apply these new requirements to its business practices. The time is now to start preparing for the CCPA, as well as for other new U.S. privacy laws that are likely to follow.
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Features
Increasing Client Requirements: Securing Law Firms for the 21st Century
Debra Gray
Gone are the days of “basic security.” What used to be optional is now standard: two factor authentication, complex passwords, clean desk policies, data encryption at rest and in transit, mobile device management and up-to-the-minute patching. Clients expect these items to already be in place and are further expanding their expectations.
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Features
Cybersecurity False Claims Act Cases: The Next Frontier
Andrew Mohr and C. Kelly Kroll
A new wave of False Claims Act cases is crashing ashore. Based on the federal government’s inclusion of toughened cybersecurity requirements for government contractors, numerous FCA cases will undoubtedly be filed and litigated in coming years against prime contractors and their major subcontractors for allegedly failing to comply with their contractual cybersecurity obligations.
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Features
Why Data Competency Is a Requisite for Tomorrow’s Practitioners
Josh Becker
Whether they like it or not, lawyers interact with data every day. While there is no need for them to seek advanced degrees in data science or statistics, it is becoming increasingly difficult for them to provide adequate representation without being skilled in the uses of data.
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Features
Data Privacy Reviews: The Cornerstone of a Data Breach Response
Andrew Goodman
Including a managed document review vendor in your incident response plan is critical.
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Features
Marriott Moves to Dismiss Data Breach Lawsuit, Says Passport Numbers Useless to Hackers
Amanda Bronstad
In Its Motion To Dismiss, Marriott Insisted the Breach Caused No Harm to Its Guests and Attached a Declaration By a Former Government Official Who Wrote: “A U.S. Passport Is Virtually Impossible to Forge Successfully.”
Marriott is insisting that last year’s cyberattack did no harm to its hotel guests, not least of which because hackers cannot use stolen passport numbers.
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Features
Legal Tech: New Cases Provide Insights on the FRCP 37(e) ‘Reasonable Steps to Preserve’ Requirement
Philip Favro
The Franklin and Culhane Cases Demonstrate the Importance of Both Implementing and Then Following Corporate Litigation Readiness Measures for Purposes of FRCP 37(E)
An evaluation of FRCP 37(e) necessarily entails examining key motion practice flash points that have arisen since the implementation of the rule. One of the most significant of these flash points is what constitutes “reasonable steps to preserve” relevant ESI.
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Features
Legal Tech: Demystifying Social Media Discovery
Todd Heffner
Social Media Escapes an Easy Definition, But You Know It When You See It
While it would be helpful to understand the technical details of collecting data from various social media platforms, what’s more important is what parts of social media might be relevant to a dispute and what that means for both the requesting and producing parties.
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