• Features

    Incident Response Plans and Tabletop Exercises May Be A Waste of Time

    Larry Gagnon

    Developing and delivering an IRP or TTE to improve the effectiveness of your incident response approach, in isolation, does not work. If your incident response preparation activity does not include some fundamental tactical actions, when the time comes and your house is on fire, your breach response will fail to meet your expectations.

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  • Features

    Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act

    John Beardwood and Shan Arora

    Part Four In a Series

    The conclusion of the series on Canada’s recently introduced Consumer Privacy Protection Act looks at hot button enforcement issues in the Act.

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  • Features

    The Great Resignation and Its Impact on Legal Department Contract Workflows & KM

    Shanil R. Vitarana

    Like other organizations, including law firms, in-house legal departments have not been spared from the “great resignation.” Lawyers and professionals across all industries are actively seeking new opportunities for a host of reasons including better pay, better culture and better balance. When they leave, they take with them not just their talent but the institutional knowledge they’ve accumulated, while their former team members are left to piece things together.

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  • Features

    Arm Yourself Against Crypto Regulatory Uncertainty

    Kristin L. Burnett

    The promise that the crypto and digital assets markets bring comes bundled with uncertainty — especially on the regulatory front. Until jurisdictions adopt unified and consistent frameworks that account for the unique facets and features of cryptocurrencies, institutional investors and other market participants must keep abreast of ever-changing, dynamic laws to avoid sanctions and fines.

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  • Features

    Courts Strictly Construing Cyber Insurance Policies, Finding Coverage Is Narrow

    Ella Shenhav and Eric S. Adams

    In several recent cases, companies with cyber insurance discovered that provisions in these policies led their insurers to limit coverage. Courts have been strictly construing cyber policies, and have found that the coverage provided is narrow. These decisions hinged upon whether an event constituted a covered “direct” loss and whether intervening actions precluded coverage, like an employee responding to fraudulent communications.

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  • Features

    Evolution of the Standing Requirement In Data Breach Class Actions

    Sean C. Coughlin, Vivian B. Isaboke and Akum K. Singh

    As the landscape of cybersecurity and data privacy continues to evolve, so do the requirements needed to establish standing in regard to the type of harm suffered as a result of a data breach. Moreover, there has been a shift in the requirements needed to hold an organization legally and financially responsible for data stolen during a data breach.

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  • Features

    Legal Tech: E-Discovery: Three Key Metrics Critical to Who Wins and Loses E-discovery Talent

    Jared Coseglia

    There are three key industry metrics that have, and will continue to, articulate how law firms, service providers, software companies, and corporations compete for and win (or lose) talent in e-discovery: speed of hire, compensation inflation, and workforce evolution (remote vs in-office; contract vs direct hire).

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