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Cybersecurity Law & Strategy
The Nice-to-Haves and Need-to-Haves of Cloud Computing
Michael Smith and Mike Paul
This article discusses what to look for in a cloud service provider and other issues that will help determine if moving to the cloud is the right move for your firm.
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Cybersecurity Law & Strategy
IP Theft Goes Far Beyond the Huawei Scandal: How to Stay Safe
Ilia Sotnikov
IP theft is not limited to kingpins of business. Even if your organization has never appeared in the headlines, you cannot rest easy that no one is interested in acquiring your know-how. In fact, analysis the results of our survey for the 2018 Netwrix IT Risks Report reveals that small and medium organizations are actually more vulnerable to IP theft and cyber espionage than enterprises.
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Cybersecurity Law & Strategy
Data Security Ethics and Best Practices for Court Reporters
Andy Fredericks
The issue of digital security and privacy should be a paramount concern to modern court reporters just as it is to their attorney clients. Yet their biggest risk remains the same as everyone else’s: believing it won’t happen to them.
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Cybersecurity Law & Strategy
The Eyes (and Privacy Laws) of Texas Are Upon You
Eric Levy
Consistent With the Cliché That “Everything’s Bigger In Texas,” the Texas Legislature Has Introduced Not One, But Two Separate Bills Relating to the Privacy of Personal Information
The TPPA is arguably the less onerous of the two bills, although you might not necessarily realize it at first blush, given the broad way it defines “personal identifying information” (PII).
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Cybersecurity Law & Strategy
Safeguarding Client Data: An Attorney’s Duty to Provide ‘Reasonable’ Security
David G. Ries
Effective cybersecurity requires an ongoing, risk-based, comprehensive process that addresses people, policies and procedures, and technology, including training. Effective security also requires an understanding that security is everyone’s responsibility and constant security awareness by all users of technology.
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Cybersecurity Law & Strategy
New York’s Cyber Regulation Two Years Later: We’ve Only Just Begun
Craig A. Newman and Kade N. Olsen
The Conclusion of the “Transitional Period” for New York’s Cybersecurity Regulation Marks the Beginning, Rather Than the End, of an Organization’s Compliance Efforts
Financial institutions will have to certify annually that their internal controls and cybersecurity practices remain up to snuff. And now that the transitional periods for implementing the cyber regulation have passed, covered institutions will need to certify that they have complied with each provision.
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Cybersecurity Law & Strategy
Legal Tech: The 2019 EDRM TAR Guidelines — Recognizing the Evolving Role of the Subject Matter Expert
Erin Baksa
After reading the new Technology Assisted Review (TAR) Guidelines from EDRM, it is clear that the evolution of the underlying technology in TAR solutions is reshaping the role of the subject matter expert (SME).
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Entertainment Law & Finance
Getting Ready for Wide-Ranging Reach of California’s Data Privacy Law
Samuel Cullari and Alexis Cocco
The CCPA is the first of its kind, generally applicable data protection law in the United States. What makes the CCPA unique is not only its applicability to companies like those in the entertainment and media industries, but also the rights it provides to consumers regarding their personal information (PI).
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Cybersecurity Law & Strategy
E-discovery and Beyond: Facing Change in the Age of AI
Steve Salkin
A Roundtable Discussion
Experts share their experience and insight on the evolving acceptance and use of AI and advanced analytics tools for e-discovery — and beyond.
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Cybersecurity Law & Strategy
Is Cyber-Risk Insurable?
Nina Cunningham
In an environment of moving targets, it seems unimaginable that insurance against cybersecurity attacks can be robust enough to provide real protection. There are many types of risks involved, and some include physical damage to property.
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Cybersecurity Law & Strategy
The Principles of Good Cyber Risk Management
Ankur Sheth and Jano Bermudes
Apart from headline grabbing attacks, we are now seeing an epidemic of cyber attacks. Concern has shifted from dealing with data being stolen and sold on the dark Web to handling serious ransomware and destructive attacks, where attackers are looking for immediate monetary output.
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Cybersecurity Law & Strategy
Will the EU-Japan Data Transfer Partnership Agreement Have Global Influence?
Samantha Green
With countries around the world examining and strengthening their data protection laws, this agreement could be the first of many and will undoubtedly have global repercussions.
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Cybersecurity Law & Strategy
Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble
Jenna Greene
A would-be class action against Barnes & Noble could have cost the bookseller hundreds of millions of dollars — not to mention a reputational hit for allegedly sharing private information about its customers’ online video purchases with Facebook.
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Cybersecurity Law & Strategy
Privacy Notices, Opt-In Clauses Debated as U.S. Regulators Shape Federal Privacy Law
Caroline Spiezio
Tech giants’ privacy counsel and U.S. senators discussed opt-in policies, lengthy, legalese-filled privacy notices and location tracking. The discussion aimed to further shape a potential U.S. federal data privacy law.
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Cybersecurity Law & Strategy
Legal Tech -- Behind the Tech: Client-Centric Innovation: The Evolution of the Casepoint Platform
Vishal Rajpara
One In a Continuing Series of Articles Looking At Legal Tech Innovation and the Story Behind It
In seeing clients’ pain-points and becoming intimately engaged with their internal processes, my colleagues and I resolved to address a problem that many of our clients may not have even known they could fix. Our overriding goal from the outset was to fill the efficiency void that was so obvious in all of the feedback we were receiving from clients across the board by developing a fully integrated, end-to-end legal workflow platform.
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Cybersecurity Law & Strategy
On the Same Page: Blockchain for the Advertising Industry
Laura Jehl, Robert Musiala, Linda Goldstein, Fernando Bohorquez and Amy Mudge
While inflated expectations abound, the advertising industry is emerging as one of the more immediate, substantive and compelling use cases for blockchain technology.
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Cybersecurity Law & Strategy
The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and Opportunities
Thomas McThenia and Richard Markow
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
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Cybersecurity Law & Strategy
Know Your Tech
Michael Bahar and Kristen Bertch
Technologies are often pitched as solutions, if not game-changing solutions. Indeed, many times they are, but no solution comes without the seeds of its own costs and challenges. For pragmatic and regulatory compliance reasons, it is increasingly important for boards, senior executives and general counsel to sufficiently understand technologies, not just their potential promise.
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Cybersecurity Law & Strategy
A Survey of Proposed Federal Privacy Legislation and the Year Ahead
Jeffrey Atteberry
The social, economic, and political forces pushing for a comprehensive overhaul of the nation’s privacy regime are numerous, and many see 2019 as presenting the best opportunity yet for passage of federal data privacy legislation.
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Cybersecurity Law & Strategy
House Hearing on Federal Privacy Law Takes Aim at GDPR, CCPA
Rhys Dipshan
The house consumer protection and commerce subcommittee agreed on the need for a new federal privacy law. But it was an open question how closely that law would follow what has already been done in California or in the EU.
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Cybersecurity Law & Strategy
FINRA Report on Best Cybersecurity Practices Is Must-Read, Alston & Bird Lawyer Says
MP McQueen
Cybersecurity Practices Must “Be Appropriately Tailored to the Entity. It Should Be Risk-Based, Based on Risk to Your Organization.”
The recently released FINRA report provides guidance for broker-dealer firms of various sizes on how they can mitigate the risks of cyberattacks and data theft by other means.
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Cybersecurity Law & Strategy
Legal Tech: Winter 2019 E-Discovery Case Law Review
Mike Hamilton
As a practice, e-discovery involves professionals from a variety of disciplines. For this case law review, we spoke with professionals who play different roles in the e-discovery process to identify three case law rulings from 2018 that stood out in the impact they have on how e-discovery is practiced today.
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Cybersecurity Law & Strategy
2019 Trends Overview: Compliance, Privacy and Security Family Tree
Mark Sangster
In 2019, regulations and laws will continue to define how businesses collect and use consumer data, and their obligations to protect this data from misuse, theft or exposure to unauthorized parties.
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Cybersecurity Law & Strategy
Causation and Harm In Data Breach Litigation
Brian Ellman and Jee-Yeon Lehmann
Demonstrating that a data breach has resulted in an injury-in-fact can be difficult, because it is not always clear what has happened or will happen with the stolen data.
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Cybersecurity Law & Strategy
Implications of GDPR & CCPA on Public Records
Jeff Cox
This article discusses the importance of securing a safe harbor for court records through reviewing an illustrative example of how a European Union (EU) citizen was able to force U.S. legal technology companies to remove and alter court records using GDPR.
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Cybersecurity Law & Strategy
Legal Operations Chiefs Say Managing Technology and Cutting Costs Are Main Priorities, Not Blockchain or AI
Sue Reisinger
In-house legal operations chiefs see their main priorities as managing legal technology and cost-cutting, primarily on outside counsel spending. Blockchain remains a confusing concept to them, while artificial intelligence is the hottest topic of conversation.
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Cybersecurity Law & Strategy
‘Dark Overlord’ Hack Shows Mounting Cyber Risks for Law Firms
Dan Packel
The Hacker Group Wants Ransom Payments from Dozens of Firms Involved In the Sept. 11 Litigation, and Experts Warn That More Attacks Are Coming
Leaders of those law firms are all likely scratching their heads about how to handle a recent announcement from a nebulous hacker entity calling itself the “Dark Overlord,” which claims to be in possession of 18,000 legal and insurance documents pertaining to the court fight.
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Accounting And Financial Planning For Law Firms
Are Cybersecurity Solutions and Consulting a New Revenue Stream for Law Firms?
Ishan Girdhar
The Big 4 accounting firms have identified legal services as an area for growth beyond traditional financial services and consulting services.
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Cybersecurity Law & Strategy
Cloudy With a Chance of IoT attacks: The Cybersecurity Forecast for 2019
Leigh-Anne Galloway
2018 was a trying year for the cybersecurity industry, with breaches increasing and showing no signs of slowing as we enter the New Year. 2019 will bring its own threats with the propagation of new technology — 5G and IoT — and their security vulnerabilities. However, there’s also progress on the horizon, thanks to more stringent government regulation and increasing legal action.
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Cybersecurity Law & Strategy
What the U.S.’ Pursuit of Foreign Nation-State Hackers Means for Cybercrime Victims and Targets
Ronald Cheng and Mallory Jensen
For years, the U.S. has maintained an active enforcement campaign against overseas cyber criminals and while these past efforts have not been haphazard, they have not necessarily been part of a specific drive to address the serious issue of foreign cybercrime committed by nation states. Recent announcements by the DOJ show that this enforcement campaign is accelerating and expanding.
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Cybersecurity Law & Strategy
Q&A with Women Leaders in Cybersecurity and Privacy
Adam Schlagman
In 2017, Atlanta attorney Bess Hinson founded the Atlanta Women in Cybersecurity Roundtable, an invitation-only initiative to provide community and resources to advance women in cybersecurity in Atlanta. Here, we speak with some of those women leaders about their biggest security and privacy challenges and why women are pursing legal and other roles in the cybersecurity and privacy field.
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Cybersecurity Law & Strategy
Are Cybersecurity Solutions and Consulting a New Revenue Stream for Law Firms?
Ishan Girdhar
The Big 4 accounting firms have identified legal services as an area for growth beyond traditional financial services and consulting services.
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Cybersecurity Law & Strategy
Detecting, Discovering, and Eliminating Threats
Tyler Young
Defending your corporation from advanced cyber threats is a difficult and never-ending challenge. The attack surface of an organization is constantly adapting to meet the needs of a business and attack vectors are increasing nearly every few hours.
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Business Crimes Bulletin
Fighting Biometric Fraud on the Blockchain
Alastair Johnson
The use of SMS verification codes as a security measure has recently been exposed as a mere stop-gap solution because of the ability of hackers to fraudulently take over phone numbers. Biometrics meanwhile is proving to be one of the best new technologies to combat fraud and identity theft.
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Cybersecurity Law & Strategy
Federal Data Privacy Legislation Is Likely Next Year, Tech Lawyers Say
Dan Clark
For Years, Federal Legislators Have Attempted to Pass Comprehensive Cybersecurity and Data Privacy Legislation. With More Support Than Ever from the Public, Industry and Both Sides of the Political Spectrum, 2019 May Be the Year When Such Legislation Is Enacted.
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Cybersecurity Law & Strategy
Prepping a Mock Notification Letter Before a Cybersecurity Breach Hits
Stephen Moore
Being prepared for the worst before it even happens can minimize the damage in the event of a cybersecurity incident. To get any company ready for a cybersecurity event, the first step is to organize a team to write a mock breach notification letter that will represent your message to the world about your failure in the event you have a breach.
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Cybersecurity Law & Strategy
Legal Tech: Moving to the Cloud for Business Continuity Planning
Jonathan Reed
In the past year, the devastation caused by natural disasters has been immense. Law firms, like every other business, are left to deal with the aftermath of these catastrophic events. Firms that have established business continuity plans to put into effect when these instances occur will find themselves a step ahead in the disaster recovery process. And the ones leveraging cloud technology are at an even greater advantage.
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Cybersecurity Law & Strategy
Podcast: Cognitive Security
Jason Thomas
We live in information environment that is unique to this point in time (social media, information overload). How do we know what’s true and what’s not?
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Cybersecurity Law & Strategy
Sticking a Hand in the Internet Cookie Jar
Jeffrey Higel, Michael Bahar and Mike Nelson
Why Collecting Children’s Online Data is a Risk
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. For manufacturers, they also pose regulatory litigation, and insurance risks, especially when children end up using their “smart” products.
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Cybersecurity Law & Strategy
Are You Prepared? Dealing with GDPR-like Rules Spreading Across the Nation
Mark Sangster
California’s Consumer Privacy Act, signed into law earlier this year, follows a growing line of consumer privacy laws, such as the European General Data Protection Regulations (GDPR), Canadian Breach of Security Safeguards Regulations of the Personal Information Protection and Electronic Documents Act (PIPEDA), and related New York Department of Financial Services Cybersecurity Rules and Regulations (NYCRR 500).
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Cybersecurity Law & Strategy
Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things
Michael Bahar, Frank Nolan and Trevor Satnick
Companies Impacted By California’s SB-327 — Especially Manufacturers and Distributors of IoT Devices — Should Work to Ensure Compliance With the Act As Soon As Possible If Regulatory Fallout Is to Be Avoided Come January 2020
While a great deal of attention has focused on the California Consumer Privacy Act, California also passed a less-publicized, but highly critical, statute that will regulate certain aspects of Internet of Things device security.
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Cybersecurity Law & Strategy
How Legal Teams Can Leverage AI
Rebecca Yoder
Artificial intelligence and automation are creeping into the workplace of every industry, bringing the added benefits of efficiency and security. As more organizations implement AI solutions across their departments, businesses still relying on outdated, manual processes will fall behind.
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Cybersecurity Law & Strategy
The Blockchain Can Finally Secure Supply Chains Against Cyberattacks
Adrian Clarke
Cyber criminals looking for new ways to exploit company networks are turning their focus to the privileged network access given to the many players involved in supply chains. As supply ecosystems grow, and points of vulnerability proliferate, businesses will have to turn to distributed ledger technology.
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Cybersecurity Law & Strategy
Worried About Complying with ABA Opinion 483 on Cybersecurity? Fear No More
Larry J. Hershman and Jeffrey S. Brenner
In response to the omnipresent threat of cyberattacks, the ABA issued Formal Opinion 483, which addresses the obligations imposed upon lawyers to safeguard their clients’ data. Here’s how to achieve compliance.
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Cybersecurity Law & Strategy
Legal Tech: Cloud and Security Considerations for e-Discovery
Stephen Ehrlich
E-discovery presents some special considerations that need to be examined before deciding what is best for your organization and really taking a stand in the on-premises vs. cloud debate.
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Cybersecurity Law & Strategy
Legal Tech: Cases Highlighting Judicial Discretion in Ordering E-Discovery Sanctions
Mike Hamilton
Three cases from the summer of 2018 reinforce some of the key themes of recent e-discovery case law
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Business Crimes Bulletin
Robbing a Locked Bank Vault from Home: Legal Issues Raised by Cryptocurrency Frauds
Chris Ott
Cryptocurrency theft remains a major concern for traders and investors given that billions of dollars of cryptocurrency are stolen every year. These cutting-edge problems intersect in interesting ways with companies' existing fraud and anti-money laundering concerns, but it all starts with the cryptocurrency "wallet."
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The Intellectual Property Strategist
U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise
Phillip Bantz
The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.
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Cybersecurity Law & Strategy
Elections: The Hidden Security Danger for Governments
Roy E. Hadley, Jr.
The news is replete with alleged actions of foreign governments and hackers trying to impact the democratic election process in the United States. It is incumbent upon the state and local governments to ensure the security of all elections.
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Cybersecurity Law & Strategy
Why Do Cybersecurity Programs Fail?
Chris Moschovitis
It seems this should be a key question for everyone in business, government, technology, and cybersecurity: If we know the problem with cybersecurity, and have ways of methods of addressing the problem, why are we still failing?
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