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Cybersecurity Law & Strategy
Working Remotely? Here Are 4 Often-Overlooked Steps That Secure Your Data
Kenya Parrish-Dixon
By the time you read this, Americans will have been working from home for more than three months. This has never happened before in this country during the age of technology. As millions logged on to their home networks and personal devices in an attempt to keep their companies afloat, cybersecurity issues rose to the forefront of the many issues that companies had to manage.
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Cybersecurity Law & Strategy
Synchronizing Legal Hold Requirements With Consumer Requests for Data Deletion
Mike Hamilton
The biggest challenge with any legal hold process is ensuring that potentially relevant data is actually preserved. But with evolving requirements for how data is managed by new data privacy laws like the CCPA and the GDPR, it’s become harder to secure data by simply sending a legal hold and assuming the custodian will do their duty to preserve it.
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Cybersecurity Law & Strategy
Preparing for the LIBOR Phase Out: Contract Remediation Starts with Contract Intelligence
Ryan Drimalla and Karl Dorwart
The London Interbank Offered Rate has long been the global basis for agreements that include a variable interest rate component. However, LIBOR would be replaced by other benchmarks by the end of 2021. Key to assessing risk of exposure, quantifying the financial impact, developing remediation plans and communicating material information to stakeholders will be the identification, analysis and remediation of LIBOR-based contracts.
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Cybersecurity Law & Strategy
How To Avoid Cybersecurity Challenges Brought On By the Pandemic
Tomas Suros
As the current pandemic has forced much of the world into virtual workforce mode, cybercriminals have seized on the uncertainty of the current times to launch new and creative offensives. Fears surrounding COVID-19 are high, conspiracy theories are running rampant, and cyberattackers are counting on stress and distraction to decrease our vigilance against intrusions.
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Cybersecurity Law & Strategy
French Law on Removing Objectionable Online Content Rejected As Too Broad
Anne Bagamery
A new French law that would have required such social media platforms as Facebook to take down objectionable content within 24 hours has been rejected by France’s Constitutional Council as a disproportionate response to the proliferation of hate speech online.
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Cybersecurity Law & Strategy
Lessons Learned from Recent FTC Data Security Enforcement Orders
Julia B. Jacobson, Natalia J. Kerr and Courtney K. Stout
Proposed class actions against Zoom are illustrative of a challenge many businesses face: what is “reasonable” data security? The FTC’s key data-security-related enforcement can help guide businesses in developing their data security programs.
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Cybersecurity Law & Strategy
Legal Tech: How to Streamline Your eDiscovery and Plan for the Future
Brian Schrader
At law firms, attorneys will need to sustain the high quality of work they do in normal times, albeit with reduced budgets. The good news is that with ediscovery — an essential but expensive part of the litigation process — advances in technology since America’s last recession have made it possible to save money and time by adopting a more modernized and comprehensive approach.
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Cybersecurity Law & Strategy
Legal Tech: Embracing Diversity in the E-Discovery New Normal
Dionysia Johnson-Massie and Kimberly J. Duplechain
The COVID-19 pandemic creates opportunities for the ediscovery industry, like the law and technology industries, to expand its engagement and retention of diverse talent. Here are some actions that can be taken today.
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Cybersecurity Law & Strategy
Where Will The Needle Land? COVID-19 Contact Tracing v. Protecting Personal Privacy
Scott Pink and John Dermody
Governments and businesses alike are considering how to leverage new technologies to make contact tracing efforts more effective by digitally monitoring our social interactions and physical locations. But such innovative contact tracing methods raise a host of privacy concerns, forcing a reckoning with how we balance privacy and public health.
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Cybersecurity Law & Strategy
Recent Decisions Clarify Scope of Illinois Biometric Privacy Law
Frank Nolan and Andrew Weiner
For users of biometric information subject to BIPA’s rigorous requirements, the last two years have brought mostly bad news, most notably a smattering of unfavorable decisions on the question of whether plaintiffs must suffer an injury in order to avail themselves of BIPA. Against this backdrop, however, courts have issued decisions on other aspects of BIPA
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Cybersecurity Law & Strategy
Legal Analytics and the Evolving Practice of Law
Josh Becker
While we may use analytics differently in our respective companies, one thing is certain: Legal analytics is the future and it’s time to jump on board.
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Cybersecurity Law & Strategy
How Cultivating Existing Client Relationships Can Boost Business Development
Scott Wallingford
Advances in CRM software can help connect lawyers across the firm, allowing them to compete as one firm and build on the successful results they have already delivered for clients.
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Cybersecurity Law & Strategy
How Privacy Laws Shape COVID-19 Reopening Plans
Justin Eichenberger and Mary Fuller
When it comes to processing personal information, Americans do not have a general right to privacy because the United States does not have a comprehensive privacy law. That does not mean, however, that employers are not subject to other privacy requirements.
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Cybersecurity Law & Strategy
Legal Tech: Spring 2020 E-Discovery and Privacy Case Review
Mike Hamilton
This quarter’s review will take a look at data in three formats: text messages, paper records and overseas email disputes.
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Cybersecurity Law & Strategy
Legal Tech: Legal Departments Leaving Light On for E-Discovery Providers Willing to Renegotiate
Frank Ready
In the COVID-19 economy, in-house legal departments will likely continue to insource many of their e-discovery needs since the same staff can often be used to perform other vital office functions. However, some departments may use this as an opportunity to try and negotiate lower prices with outside e-discovery providers.
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Cybersecurity Law & Strategy
Legal Tech: As Bankruptcies Grow, E-Discovery Counsels’ Work May Become More Challenging
Victoria Hudgins
Businesses reeling after multiple international stay-at-home mandates are finding themselves out of options and filing for bankruptcy. The situation has led some law firms to cash in on bankruptcy service, and made many cautiously optimistic that the bankruptcy practice will be in high-demand during the current recession.
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Cybersecurity Law & Strategy
New Jersey’s Latest Effort on the Privacy Front
Kenneth K. Dort and Mitchell S. Noordyke
New Jersey legislators are joining a growing line of states in proposing a bill to strengthen data privacy protections, following in the footsteps of privacy laws enacted in Europe and California.
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Cybersecurity Law & Strategy
A CCPA Private Right of Action on the Horizon
David Keating, Jim Harvey and Dan Felz
Class Action Complaints Test Whether Plaintiffs Can Sue for Any Violation of the CCPA
This article provides an overview of how the CCPA addresses private rights of action, summarizes recent class action complaints that attempt to use CCPA violations as the basis for class-wide claims, and provides suggestions for prioritizing activity in CCPA compliance programs in this new litigation environment.
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Cybersecurity Law & Strategy
Privacy and Compliance Services: Why the Market Is Rumbling Against the Big Four
Leigh Vickery
With the advent of stringent privacy regulations in Europe and the United States, corporations are spending more time and money scrambling to ensure their privacy and compliance processes are able to withstand these high levels of scrutiny. At the same time, competition to provide these services is heating up as the Big Four professional services firms plant their stakes more broadly in this fertile ground.
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Cybersecurity Law & Strategy
Privacy Is Top Priority But Spending Will Decrease, Survey Says
Frank Ready
Exterro’s Annual Study of Legal Spend Management indicates that organizations are expecting to spend less on compliance with privacy laws in 2020 as they wait to see how new regulations like the CCPA are enforced first.
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Cybersecurity Law & Strategy
COVID-19: Cybersecurity and Insurance Coverage
Peter A. Halprin and Jacquelyn M. Mohr
When cyber attacks succeed, in-house counsel and risk management professionals will look for coverage under their cyber insurance policies. Insurance coverage for such incidents, however, are also present in other policies, and these other policies should not be cast aside.
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Cybersecurity Law & Strategy
COVID-19: How to Keep Cybersecurity in Mind When Negotiating Work-From-Home Vendor Contracts
Steve Blickensderfer and Trish Carreiro
COVID-19 spurred an overnight surge in demand for work-from-home vendors — from videoconferencing companies to cloud service providers. This caused some companies to rush into service contracts without fully appreciating the privacy and cybersecurity risks involved.
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Cybersecurity Law & Strategy
Legal Tech: Preparing for Internal Investigations to Mitigate Risk
David Carns
How Advanced E-discovery Tools Can Help Simplify Information Gathering, Unify Disparate Information Systems, Standardize Workflows Across Departments, and Reduce Both Costs and Risk
The stakes in internal investigations can turn out to be very high. Companies can often respond effectively if they proactively plan for investigations and leverage technology that can comb through large amounts of data quickly at low cost.
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Cybersecurity Law & Strategy
Legal Tech: 7 Steps to Make Your E-Discovery Process Pandemic and Recession-Ready
Brian Schrader
For the legal profession in general, and e-discovery specifically, one of the biggest ways a recession is felt is through litigation budget pressure. To weather a recession, we need to be prepared to do more with fewer resources.
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Cybersecurity Law & Strategy
Judge Warns Facebook in Approving Record $5B Fine for Alleged Privacy Violations
Jacqueline Thomsen
The Judge Pointed Out that Some FTC Commissioners Wanted to Specifically Sanction Facebook Founder Mark Zuckerberg for the Company Sharing Private User Data With Outside Parties
A federal judge in Washington, DC, signed off on a record $5 billion fine imposed by the U.S. Federal Trade Commission on Facebook for allegedly violating federal law and a previous order with its privacy practices.
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Cybersecurity Law & Strategy
Coronavirus Work-from-Home Response A Boon for Cybercriminal Exploitation
Mark Sangster
Companies determined to protect their employees and minimize the impact of COVID-19 are enforcing travel restrictions and strong work-from-home policies. However those actions can be used against employees as any firms are likely unprepared for the criminal appetite for the cyberattack exploitation of a remote workforce. Here are some of the key issues of which law firms and companies need to be aware and steps that should be considered to minimize the risk to keep everyone — and client data — safe.
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Cybersecurity Law & Strategy
COVID-19: Threats Abound: How to Protect Your Remote Workforce
Tomas Suros
The COVID-19 pandemic has changed the conversation around remote work. As more employees work remotely, law firms must employ security best practices to ensure that the extended reliance on the cloud doesn’t expose sensitive data or cripple daily operations. Following is a practical checklist of systems, technologies and processes to consider when evolving your firm for remote work and selecting your cloud technology provider.
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Cybersecurity Law & Strategy
COVID-19: Companies, Trade Organizations Seek to Postpone CCPA Enforcement Date
Dan Clark
Over 30 trade associations and companies co-signed a letter last month to California Attorney General Xavier Becerra asking him to push back the enforcement date for the California Consumer Privacy Act due to the new coronavirus and a lack of clarity on the enforcement rules.
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Cybersecurity Law & Strategy
The California Consumer Privacy Act is HERE: Are You Litigation Ready?
Ann Marie Mortimer, Jason J. Kim and Lisa J. Sotto
Most companies doing business in California are well aware of the CCPA and prepared diligently in advance of the law’s Jan. 1, 2020 compliance deadline. While compliance certainly is key, even compliant businesses must consider — and prepare for — the eventual onslaught of class action litigation that is coming.
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Cybersecurity Law & Strategy
States Take the Lead on Securing IoT
Ashley Thomas
The California IoT Security Law is the first of its kind in the nation and pushes device manufacturers to adopt cybersecurity standards during the product development and design stages where none have existed before.
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Cybersecurity Law & Strategy
Why the Cannabis Industry Must Address the Unique Challenges of Mandated Data Retention
Anita Sabine and Brandon Reilly
Two overarching factors increase the cannabis industry’s data security risks: data sensitivity brought on by federal illegality and lingering cultural divisiveness; and massive, mandated data footprints brought on by intense state and local regulatory scrutiny.
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Cybersecurity Law & Strategy
Legal Tech: Recovery Models for e-Discovery and Litigation Support Services that Make an Impact
Nathan Curtis
With big data and the resulting explosion of electronic documents, texts, images and voicemails that are subject to discovery, the cost burden was increasing at a pace that required firms to reconsider their recovery approach. This is why in 2019, Mattern conducted its first deep dive into e-discovery and litigation support cost recovery in the 2020 e-Discovery and Litigation Support Cost Recovery Survey. Some of the results were surprising.
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Cybersecurity Law & Strategy
Legal Tech: Will the U.S. Become a Haven for International Discovery Under Section 1782?
David R. Cohen and Bradley C. Whitecap
Second and Eleventh Circuit rulings are likely to expand refuge to discovery in the U.S., even for international litigation and arbitrations that don’t ordinarily include discovery rights.
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Cybersecurity Law & Strategy
Coronavirus Work-from-Home Response A Boon for Cybercriminal Exploitation
Mark Sangster
Here are some of the key issues of which law firms and companies need to be aware and steps that should be considered to minimize the risk to keep everyone — and client data — safe.
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Cybersecurity Law & Strategy
Litigators and Privacy: The Last People You Want to See, or the First?
Michael Bahar, Sarah Paul, Matt Gatewood and Andrew Weiner
In their consideration of possible worst-case cyber attack scenarios, organizations often focus on the various types of attacks and their relative severity. But, the worst-case scenario is not the breach, it's the reputational damage, regulatory enforcement action, the business interruption, and the inevitable litigation that follows a poorly handled breach from an unprepared organization. Given this reality, it is important to adjust planning assumptions and response scenarios to focus on addressing these drivers of post-breach exposure.
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Cybersecurity Law & Strategy
Protecting Innovation in the Cyber World from Patent Trolls
John Chen
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or “patent trolls”), companies that don’t make any products but instead seek royalties by asserting their patents against those who do make products.
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Cybersecurity Law & Strategy
In the Know: Top 5 Legal Technology Trends for the 2020s
Deb Dobson
Technology allows attorneys to keep informed so they can help their clients understand the potential impact on their company.
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Cybersecurity Law & Strategy
Defining Reasonable Care for the Protection of Personal Data
Devin Chwastyk
The Pennsylvania Supreme Court enlivened the Thanksgiving holidays of privacy lawyers in 2018 with its decision in Dittman v. UPMC, which held that an employer has a legal duty to exercise reasonable care to safeguard employees’ personal information. While the scope of the decision technically was confined to the employer-employee relationship, the court’s reasoning implies that such a duty of reasonable care may arise in any scenario where one party engages in the collection of personal information.
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Cybersecurity Law & Strategy
Navigating APT Intrusions
Chris Cwalina, Steven Roosa and Tristan Coughlin
Advanced Persistent Threat (APT) intrusions are sophisticated cyber-attacks carried out by well-funded and organized cyber-criminals. The attacks are designed to establish persistence using various tactics, techniques and procedures that are intended to avoid detection and mimic authorized activity in the environment, known as “living off the land.”
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Cybersecurity Law & Strategy
Florida Lawmakers Introduce Online Privacy Legislation
David M. Stauss and Malia Rogers
Florida lawmakers have introduced companion bills in the Florida House (HB 963) and Senate (SB 1670) that would create limited online privacy rights and obligations in the state. The legislation appears to be very similar to the Nevada Online Privacy Protection Act, which was amended last year to add a right to opt-out of sales of covered information.
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Cybersecurity Law & Strategy
Legal Tech: E-Discovery and Seizure Orders Under the Defend Trade Secrets Act
Philip Favro
Congress passed the Defend Trade Secrets with much fanfare, touting its potential to curtail both domestic and cross-border theft of American ingenuity and technology. The DTSA offers a unique and powerful remedy to aggrieved parties in their efforts to curb trade secret misappropriation: ex parte seizure of property containing trade secrets. This article provides a brief overview of DTSA seizure orders and discusses e-discovery considerations in connection with those orders.
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Cybersecurity Law & Strategy
Hybrid Legal Document Review: Where Human and Artificial Intelligence Meet
Brian Schrader
AI is in many ways still in its infancy, and it’s important to realize that platforms utilizing this technology are heavily dependent on constant human interaction and training.
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Cybersecurity Law & Strategy
A Look Behind, A Look Ahead: Part Two - E-Discovery
Steve Salkin
Part Two of a Two-Part Article
Cybersecurity Law & Strategy partnered with our ALM sibling Legaltech News to ask cybersecurity and e-discovery experts what they thought the key trends of 2019 and what they expect to see in 2020. Part Two looks at e-discovery.
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Cybersecurity Law & Strategy
The Threat of Ransomware 2.0 for Law Practices
Gary Salman
During the past few months, there has been a significant paradigm shift in the cybersecurity world. Threat actors from Russia, in particular, have significantly enhanced their capabilities to target individual businesses and Managed Service Providers (MSPs) or IT companies. It is critical that lawyers, their firms and the companies they serve be aware of these threats and take the appropriate measures to proactively secure their own — and their clients’ — sensitive and private information.
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Cybersecurity Law & Strategy
Law Firms Adopt a Legal Operations Perspective
Megan Miller
Law Firms Are Following the Lead of Their Corporate Clients In Implementing Legal Operations Methodologies
Legal operations as a discipline within corporate legal departments is receiving more attention, funding and staffing over the last few years.
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Cybersecurity Law & Strategy
More Regulation, Stronger Investigations and Home Tech Devices Concerns to Come in 2020, New Gibson Dunn Report Warns
Steve Salkin
On Data Privacy Day last month, Gibson Dunn released the eighth edition of its United States Cybersecurity and Data Privacy Outlook and Review. The report details trends that the privacy industry saw in 2019 from a legislative, regulatory and judicial perspective.
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Cybersecurity Law & Strategy
GDPR-Based Objections to U.S. Discovery Requests: 2019 Year in Review
Leslie Meredith
U.S. civil litigants faced with an obligation to produce “personal data” protected by GDPR can find themselves on the horns of a serious dilemma. Initial rulings addressing the tension between the broad scope of data protected by GDPR and the similarly broad scope of discovery under U.S. law revealed substantial skepticism that complying with a U.S. discovery request would expose parties to significant enforcement risk in the EU. This article takes a look at what arguments parties put forth in the past year, and make a few suggestions for how litigants can avoid violating one jurisdiction’s law to satisfy another’s courts.
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Cybersecurity Law & Strategy
Data Breaches: Adding a New Layer to the Risk of Legal Malpractice
Karen Painter Randall and Steven A. Kroll
Those in the legal profession are not immune to a data breach. What’s more, ethical obligations put lawyers and law firms at even greater risk for significant business, financial and reputational harm should they experience a cyberattack. Attorneys have both an ethical and legal duty to take reasonable steps to protect their clients’ personal sensitive data against a cyberattack, or face serious ramifications.
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Cybersecurity Law & Strategy
Legal Tech: E-Discovery Lessons from the Presidential Impeachment Proceedings
Joshua Hummel and Paul Fling
Whether we realize it or not, e-discovery has found a central place in the news during the Trump campaign and presidency, and in particular, during the impeachment proceedings.
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Cybersecurity Law & Strategy
A Look Behind, A Look Ahead: Part 1 - Cybersecurity
Steve Salkin
Cybersecurity Law & Strategy partnered with our ALM sibling Legaltech News to ask cybersecurity and e-discovery experts what they thought the key trends were in 2019 and what they expect to see in 2020.
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