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Cybersecurity Law & Strategy
The Slack Explosion: Convenient Yet Complicated, Part 2
Elizabeth Pollock-King
Best Practices to Simplify Future E-discovery
Part Two of a Two-Part Series
Just as the legal industry had to scramble to figure out how to handle email and other electronic documents a couple decades ago, e-discovery practices must once again shift to account for the realities of business being conducted via chat and the massive amounts of new types of data that chat platforms generate.
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Cybersecurity Law & Strategy
The Importance of ISO Certification for Law Firms
Sue Pellegrino
ISO certification is not just a critical way to ensure your firm’s security; it’s increasingly important for any firm that wants to maintain a competitive advantage in today’s legal market.
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Cybersecurity Law & Strategy
Metaverse Raises Privacy and Cybersecurity Concerns
Oriana Alexander, Wail Jihadi and Bryan Parker
The Metaverse will be the next version of the Internet that provides an immersive virtual experience. For now, the extent to which Metaverse technology will be integrated into our physical world remains unknown. This raises new concerns about data privacy, cybersecurity, new cybercrimes and constitutional issues.
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Cybersecurity Law & Strategy
E-Commerce Sellers Should Be Preemptive to Mitigate Effects of Account Suspensions for IP Infringement
Jonathan Bick
E-commerce channel providers’ suspension of sellers’ accounts associated with alleged intellectual property infringement is fast, and suspension remediation is time-consuming and costly. Consequently, e-commerce sellers should contemplate pre-emptive legal and business arrangements to ameliorate potential e-commerce account suspensions consequences.
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Cybersecurity Law & Strategy
Cybersecurity Concerns Grow In Russia’s War
James Carstensen
After a raft of debilitating Western sanctions on Russia and the exodus of global firms from Moscow, Russia-originating cyber attacks are a growing concern among law firms, as the war delivers the loudest reminder yet to both firms and their clients that they must be prepared.
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Cybersecurity Law & Strategy
Moving from Unstructured to Structured Data
Jeff Cox
Data is everywhere. From the Zoom calls you’re on, to the emails you send, the documents you work on, and the legal system you interact with, unstructured data is inherent in everything law firms and legal departments do. To make the most of this growing gold mine of data, law firms and legal departments must invest in better structuring of their data.
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Cybersecurity Law & Strategy
Ninth Circuit Allows Data Scraping from LinkedIn
Marianna Wharry
The Ninth Circuit reaffirmed data analytics company hiQ Labs Inc.’s ability to scrape publicly available data from LinkedIn’s platform despite the social media company’s claim that the data collected violated federal hacking laws.
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Cybersecurity Law & Strategy
California Consumer Privacy Law Cases Climbing, and Not Just In California
Jessica Mach
Plaintiffs filed 145 lawsuits last year to enforce provisions under the CCPA, a 60% increase from 2020. Lawsuits alleging violations of the California law were also filed across the country, pending at one point in 33 courts across 20 states.
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Cybersecurity Law & Strategy
You Won’t Know It When You See It: The Challenges of Fabricated Evidence in the Digital Age
John G. Browning and Jonathan Bailie
How significant is the threat of fabricated digital evidence that can alter the outcome of a case? In today’s wired workplace, it’s considerable.
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Cybersecurity Law & Strategy
The Slack Explosion: Convenient Yet Complicated
Elizabeth Pollock-King
Part One of a Two-Part Series
The informality of chat culture not only makes chat data harder to search, it also results in huge volumes of a new kind of data that must be processed in unique ways before it can be reviewed.
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Entertainment Law & Finance
Attorneys Forecast Legal Challenges In NFTs
Cedra Mayfield
As nonfungible tokens, or NFTs, continue to grow in popularity through cryptocurrency purchase, sale and trade online, opportunities for entertainment attorneys in the emerging industry also are booming. For this article, attorneys shared how they’re grabbing hold of NFT-related work and the challenges they foresee.
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Cybersecurity Law & Strategy
Opportunities, Risks and Strategies In the Metaverse
Brandon Leahy and Chloe Delehanty
While it is still unknown how the metaverse will take shape lawyers advising brands should familiarize themselves with the opportunities it presents, the risks involved, and strategies to consider for enhancing and protecting a client’s brand.
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Cybersecurity Law & Strategy
The Legal Difficulties of Blockchain Domain Names
Jonathan Bick
Blockchain domain names, a new set of domain names, are ripe for cryptocurrency legal abuse and generally not susceptible to traditional legal amelioration. A combination of legal, business and technological approaches is best used to address blockchain domain name legal difficulties.
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Cybersecurity Law & Strategy
Keep Terms of Service and Privacy Notices Separate
Shawn Helms, David Saunders and David Sorenson
This article examines why terms of service and privacy notices should work in conjunction with one another, but also why it is not advisable to incorporate privacy notices into online terms of service.
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Cybersecurity Law & Strategy
SEC Proposed Rules Include Disclosure of Cybersecurity Risk Assessment Strategy
Greg Andrews
Cybersecurity compliance, already an anxiety-inducing topic for many in-house counsel, is about to get even trickier. The SEC rolled out a host of proposed new cybersecurity rules for public companies.
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Cybersecurity Law & Strategy
Legal Tech: Are Websites A Forgotten Source of Evidence?
Glenn Barden
It’s fascinating how quickly the industry has shifted from the days when e-discovery teams would spend weeks digitalizing and coding vellum, microfiche and paper documents to where we are today with dynamic and varied processes to deal with a plethora of electronic sources. Among these are websites, which can provide deep insights in discovery, but have been largely forgotten as a source of evidence.
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Cybersecurity Law & Strategy
Examining the Differences Between Data Privacy and Data Security
Melissa Griffins Paulk
As businesses develop data protection frameworks to ensure compliance, it is important for companies to design a data protection program that contemplates data privacy and data security individually, to achieve the most comprehensive data protection program.
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Cybersecurity Law & Strategy
Taming the Data Privacy Chaos in Contract Management
Gretchen Bakhshai
How contract management practitioners can remain in compliance with rapid changes in data privacy regulations.
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Cybersecurity Law & Strategy
Cyber-Insecurity: Will the Looming Regulatory Crackdown on Cybersecurity Practices Help Protect Financial Institutions from Attack?
Lori Van Auken and Adam Jamieson
A slew of new regulations targeting the cybersecurity practices of financial institutions will come into effect during 2022. But will they have any real bearing on protecting financial firms from attack?
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Cybersecurity Law & Strategy
Driving Innovation in a Dynamically Changing Legal Market
Ari Kaplan
A series of interviews with large law firm partners around the world to better understand how they are leveraging technology to drive innovation and transformation in their practices.
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Cybersecurity Law & Strategy
The Rise of False Claims Act Cybersecurity Litigation
Annie Railton, James Gatta, Jud Welle and Emily Notini
While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.
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Cybersecurity Law & Strategy
Diversity & Technology: Training Your AI to Be More Inclusive
Aaron Lee
AI is maturing and creating countless new opportunities to help people live better lives at home and work. As the technology evolves, it is essential that it does so inclusively, equally recognizing and serving all individuals who make up the world’s population.
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Cybersecurity Law & Strategy
Legal Tech: The Risks and Rewards of Interweaving Legal Technologies
Haydn Jones
The trend of legal technology companies working in concert to either overcome a mutual competitor, offer a stronger solution to existing clients, or a combination of the two is a strategic approach that is beginning to become a signature of the space.
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Cybersecurity Law & Strategy
Innovation In a Hyper-Competitive Market
Ari Kaplan
The results of interviewing 30 chief talent officers along with directors and managers of recruiting reveal the impact of the pandemic on entry-level and lateral hiring, the appetite for leveraging technology to address the rapid acceleration in on-campus interviewing and lateral recruitment, and the increased focus on innovation to fuel law firm success.
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Cybersecurity Law & Strategy
Building AI and Machine Learning Technologies: Data Licensing Tips and Traps
Anna Remis
Data is the fuel for software development, and developers use historical data from existing products to train algorithms and build AI and machine learning models. Companies are well aware of privacy and regulatory restrictions on data use, but often do not consider the potential impact of data use restrictions on intellectual property ownership and use rights.
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Cybersecurity Law & Strategy
Cybersecurity and Legal Tech In 2022: Predictions from the Field: Part Two
Zach Warren and Steve Salkin
Predictions from experts continue, with a look at what 2022 might hold in next generation technology, legal operations and contract review.
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Cybersecurity Law & Strategy
The Top 10 2022 Job Market Predictions in Legal Technology
Jared Coseglia
In 2022 hiring will remain the top obstacle to business fulfillment across the e-discovery, data privacy, and cybersecurity landscapes. Here's how to stay a cut above the competition — whether you are an employer or a job seeker.
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Cybersecurity Law & Strategy
Landscape of Standalone Cybersecurity Policies Has Changed Due to Increased Risk and Scrutiny
Walter Andrews, Andrea DeField and Sima Kazmir
Because the market is rapidly changing, policyholders should not expect that they’ll be offered the same coverage at renewal. Policyholders should start their renewal process earlier going into this year’s renewal so they have time to analyze new pricing, as well as new endorsements that may limit coverage and consider alternative forms, insurers, and policies to maximize coverage.
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Cybersecurity Law & Strategy
Inside Cryptocurrency Pump-and-Dump Schemes
Jonathan Bick
Since the inception of cryptocurrency as a widely traded asset, there has been increasing opportunity to make money through market manipulation, specifically through classic pump-and-dump and related fraudulent schemes, and more specifically CPDs.
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Cybersecurity Law & Strategy
Legal Tech: Effective Preservation Measures In Litigation Readiness
Philip Favro
Basic ESI preservation steps, including litigation holds, relevant source checklists, and follow up steps with custodians may not be enough in some instances. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to preservation to better ensure defensibility.
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Cybersecurity Law & Strategy
More than Just a Purchase, a Partnership: Tips for Success with Cloud-based Practice Management In 2022
Tomas Suros
While functionality and features are important, there are a number of additional considerations when evaluating a practice management solution. Will your platform provider serve as a partner that will offer expert guidance and be invested in your ongoing success?
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Cybersecurity Law & Strategy
Predicting What 2022 Holds for Cybersecurity
Emil Sayegh
Predictions aside, complacency is not an option if you plan to survive and thrive in 2022. Rest assured, the future of cybersecurity is bright, but it will come with its own set of challenges. We look forward into the future because the sooner we can start adapting strategy, policies, and technologies, the better off everyone will be in the long run.
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Cybersecurity Law & Strategy
Biometric Privacy: A Year In Review (2021) and The Year Ahead (2022)
Lauren Caisman and Christian Auty
The year started with Portland, Oregon’s ban on the use of facial recognition technology by private entities in places of “public” accommodation. It concluded with the rendering of important appellate decisions on the Illinois Biometric Information Privacy Act. In the middle, was the continued flurry of litigation, class action settlements, and legislative activity.
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Cybersecurity Law & Strategy
Cybersecurity and Legal Tech In 2022: Predictions from the Field
Zach Warren
It’s still a dangerous cyber world as we enter 2022, but one that today’s attorneys and legal technologists are prepared to tackle. Here’s what they predict for cybersecurity, remote work, privacy and e-discovery in the new year.
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Cybersecurity Law & Strategy
Cybersecurity and Corporate Privacy Enforcement Is Focus of Feds
David Saunders and Julian L. André
It started as a hushed rumor in the beltway, then became a known fact by those going to join the administration. And now we all know: The Biden administration has brought with it a renewed focus on data privacy and cybersecurity.
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Cybersecurity Law & Strategy
‘Never Trust, Always Verify’: Zero Trust Security
Rebecca L. Warren
Recognizing the ever-increasing cyber threats to businesses, government entities, and individuals, the White House announced that Federal Civilian Executive Branch agencies must migrate toward Zero Trust Cybersecurity Architecture by September 2024. Under Zero Trust, trust is the ultimate vulnerability of any system and, therefore, trust has to be eliminated from a business’ cybersecurity approach.
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Cybersecurity Law & Strategy
Protecting a Website’s Legal Identity
Jonathan Bick
Protecting an internet site’s legal identity begins with the settled proposition that domain names are a form of personal property. The classification of a domain name as property allows the owner to register the domain name with the United States Trademark Office. Additionally, a domain name owner may state a claim for conversion against an entity that unlawfully interferes with the domain name property.
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Cybersecurity Law & Strategy
Analyzing the Impact of the Many New Rules of Cybersecurity
Kenya Parrish-Dixon
New cybersecurity and data protection federal regulations, directives and guidelines as well as new case law, industry-specific guidelines and new state laws that, when taken together, form an industry standard applicable to almost all business sectors
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Cybersecurity Law & Strategy
Where Does Content Use Stand Now After Recent Rulings on ‘Embedding’ Foreshadow Circuit Split?
Tamerlin Godley and Kiaura Clark
When and how can you display someone else’s visual content on your website without running afoul of copyright law? When and how can someone else display your visual content? A recent ruling out of the Southern District of New York may upend the current paradigm.
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Cybersecurity Law & Strategy
In a Year of the Great Resignation, Corporations Need to Prepare for the Great Investigation
Veeral Gosalia
Even before this Great Resignation movement, corporations across the globe were reporting increases in suspicious activity, data leakage, IP theft and other data risks stemming from departing employees and remote workers. And now, with more employees having exited and the Great Resignation seeming to accelerate further, existing data and risk implications are likely to be compounded.
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Cybersecurity Law & Strategy
How Law Firms Can Gain a Competitive Advantage with Financial Intelligence
Ari Kaplan
Results of the new "Implementing Financial Intelligence to Give Law Firms a Competitive Advantage in 2022 and Beyond" report revealed a striking shift in the role of law firm finance leaders, both in their value and impact. Many are using data to drive change in their organizations, amplifying the power of profitability, and leveraging their skill to fuel innovation.
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Cybersecurity Law & Strategy
Legal Issues Around Tangible Asset NFTs
Jonathan Bick
When a NFT is transferred to another, both the NFT and its copyright are automatically transferred. However, the intellectual property rights associated with the underlying asset may not necessarily be automatically transferred, unless stated otherwise.
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Cybersecurity Law & Strategy
What You Need to Know About China’s New Privacy Law
Devin Chwastyk and Christian Wolgemuth
The Personal Information Protection Law of the People’s Republic of China (PIPL) went into effect on Nov. 1 and brought with it a suite of new requirements and lingering questions.
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Cybersecurity Law & Strategy
Growth of Cyber Attacks Leading Insurers to Drop the Unprepared
Victoria Hudgins
Securing cyber insurance is becoming more difficult. Law firms are facing insurance carriers that are placing a heavier emphasis on proactive cybersecurity measures, dropping clients, and even exiting the cyber insurance space when the risk outweighs the premium.
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Cybersecurity Law & Strategy
Fraud Cases Increase In Cryptocurrency ‘Wild West’
Christine Schiffner
When something goes wrong with an investment in cryptocurrency and fraud victims seek legal help, disputes often turn out to be a major challenge for plaintiffs and law firms.
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Cybersecurity Law & Strategy
Legal Tech: The Evaporation of E-Discovery
Leonard Deutchman
The thinking in the legal world regarding e-discovery has so changed that, as with many other ideas and tools that were once novel, those ideas lost their novelty as those in the legal community became comfortable with them and thought of them as simply different ways of articulating ideas and tools long used in the legal world.
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Cybersecurity Law & Strategy
The Pandemic Job Market, Part 2: From Pandemonium to Institutional Recalibration
Jared Coseglia
The second part of our analysis of complexities of staffing in a post-pandemic job market in the data privacy, cybersecurity, and e-discovery/legal technology verticals covers all the hiring trends in Q3 2021 as well as what is coming in Q4 and beyond.
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Cybersecurity Law & Strategy
The Anatomy of a Cyberattack: Step-by-Step
Mike Paul
This article looks at each stage of a cyberattack, by way of a fictitious attack that took over a real estate agent’s email account.
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Cybersecurity Law & Strategy
Cybersecurity Awareness Must Extend Beyond the 'Month'
Emil Sayegh
For all of that is created and consumed during October's Cybersecurity Month, it is disappointing to see how each year after all the thoughts have been shared, major security incidents continue to emerge. We need to begin to take stock of all the advice given during this month and put it to immediate practice.
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Cybersecurity Law & Strategy
The Roadmap of Litigation Analytics
Gloria Huang
Litigation analytics can be considered a roadmap of sorts — an important guide to ensure the legal professional arrives at the correct litigation strategy or business plan. However, like roadmaps, litigation analytics will only be useful if it’s based on data that is complete and accurate.
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