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Cybersecurity Law & Strategy
Cybersecurity 2020 Year In Review — And A Look Into 2021
A new administration in the U.S., ransomware, ALSPs, new regulations in the U.S. and abroad, and the long-lasting impact of working remotely are just some of the factors that respondents say will factor in to how law firms need to prepare for 2021.
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Cybersecurity Law & Strategy
Leveraging Data to Drive Innovation in A Post-Pandemic (We Hope) World
Debra Baker
Working from home and other social distancing limitations forced even the most reluctant lawyers to embrace new ways of working and connecting with clients in ways that will long outlast the pandemic. With a new year and fresh outlook for the future, the time is ripe for legal technologists and innovators to take the delivery of legal services and client experience to the next level.
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Cybersecurity Law & Strategy
Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World
Gwendolyn Seale
Part One of a Two Part Article
While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing “quarantine streams,” in which they livestream their sets on social media platforms. Given this sudden pivot to livestreaming over social media, unsurprisingly many questions have arisen.
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Cybersecurity Law & Strategy
EU Unveils New Online Content and Data Regulation
Krishnan Nair
Say Hello to the Digital Services Act.
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Cybersecurity Law & Strategy
To Embed, or Not to Embed, that is the Question
Shaleen J. Patel and Mike Hobbs
Would Shakespeare Post Hamlet on Instagram in 2020?
While the sound distracting you hear from this article may well be William Shakespeare rapidly turning in his grave like the Mad Hatter Teacup Ride at Disneyworld, recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that would have even vexed the Bard himself.
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Cybersecurity Law & Strategy
LEGAL TECH: FileTrail Disposes of 1.5 Million Records for Nelson Mullins
Steve Salkin
“Ensuring that electronic records are disposed of in a timely manner is essential to maintaining security, confidentiality and data protection,” says Darrell Mervau, FileTrail president. And law firms are taking note.
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Cybersecurity Law & Strategy
LEGAL TECH: New TAR Case Spotlights Perils with Broad ESI Protocols
Philip Favro
A new case has brought into the spotlight the risks responding parties face when entering into ESI protocols with detailed disclosure obligations regarding technology-assisted review (TAR).
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Cybersecurity Law & Strategy
The Open Window to Your World: Smartphone Security in the Age of COVID
Nina Cunningham
Industry developments this year add concern over connected devices and information tracking. New Smartphones include an app for COVID exposures, which can lead to privacy issues.
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Cybersecurity Law & Strategy
The Evolution of TAR
Gina Taranto
An overview of past technology-assisted review versions and a look at what‘s next.
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Cybersecurity Law & Strategy
How Cloud Is Helping Companies Weather the Impact of COVID-19
Dean Gonsowski
The demand for everything “cloud” has been driven by the massive, and dramatic, shift to a remote-first workforce caused by the COVID-19 pandemic.
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Cybersecurity Law & Strategy
Standing and Potential Causes of Action in Data Breach Cases
Edward T. Kang
While data breaches have become too common, case law and statutory law governing redress for data breaches is limited. This article explores standing and potential causes of action in data breach suits.
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Cybersecurity Law & Strategy
The Increasing Use of Data Analytics in International Arbitration
Jeffery Commission and Giulia Previti
Legal practitioners, as well as in-house counsel and other stakeholders, are making increased use of legal analytics in order to reach data-driven decisions in the context of future or ongoing litigation. Access to data analytics is even more relevant in the context of international arbitration, where the parties and counsel exert a greater degree of control over key features of the dispute resolution process.
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Cybersecurity Law & Strategy
Making Shareholder and Director Virtual Meetings Secure
Jonathan Bick
Holding director meetings and shareholder meetings via the Internet may attenuate meeting difficulties while mitigating health concerns, however, doing so raises the issue of cybersecurity.
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Cybersecurity Law & Strategy
Legal Tech: Let’s Make a Deal: Law Departments Are Looking for Leverage in Tech Deals
Frank Ready
Even during a pandemic, deals for legal tech products and services still need to be struck. But COVID-19’s impact on the economy as well as the maturation of corporate legal departments’ general understanding of pricing and functionality could be helping them find more leverage at the bargaining table.
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Cybersecurity Law & Strategy
Legal Tech: 3 Reasons to Attend E-Discovery Day 2020
The biggest yearly gathering of e-discovery industry professionals is on December 3, featuring webcasts, CLE opportunities and virtual networking.
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Cybersecurity Law & Strategy
Transitioning to Remote, Electronic Signing for Transactions
Will Norton
The recent move to more remote work environments has prompted many to take a second look at not only eSignature solutions but also remote online notarization (RON). In order to support transactional practice groups in making the transition to electronic signing and closings, one must understand the challenges and opportunities of these technologies.
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Cybersecurity Law & Strategy
Corporate Compliance Programs and the DOJ’s Emphasis on Data Analytics: What Companies Need to Consider
Jonathan B. New, Jimmy Fokas, Patrick T. Campbell and Bari R. Nadworny
In recent months, the U.S. Department of Justice has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct.
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Cybersecurity Law & Strategy
Right-Resourcing Legal Services
Chase D’Agostino and Andy Banquer
What is the right strategic approach for a legal department to optimize its return on investment for the resources it deploys to render legal services?
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Cybersecurity Law & Strategy
Fall 2020 Data Privacy Updates
Rebecca Perry
America and the EU continue altering data privacy frameworks for businesses.
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Cybersecurity Law & Strategy
Privacy Issues of Contact Tracing
Shari Claire Lewis
Companies considering whether to suggest, or even to require, contact tracing for employees or others must consider a host of legal issues, including privacy. This article describes contact tracing, focusing on how technology has made it a more powerful weapon against viruses and diseases than ever before.
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Cybersecurity Law & Strategy
Video Conferencing and the CCPA
Shaia Araghi and Kyle Janecek
Users have become increasingly concerned about the privacy of videoconferencing platforms, due to exposure of information from security breaches. We examined the privacy policies of six prominent applications to determine their compliance with the California Consumer Privacy Act (CCPA).
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Cybersecurity Law & Strategy
Cybersecurity Practices Grow As Firms Compete for Talent
Brenda Sapino Jeffreys
Law firms in every segment of the market are hiring cybersecurity and privacy laterals and launching new practices, as more of their clients become aware of their vulnerabilities while working remotely.
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Cybersecurity Law & Strategy
Legal Tech: Fall 2020’s Most Interesting E-Discovery Cases
Mike Hamilton
In this quarter’s Case Law Review, we’ll take a look at recent rulings that cover the discoverability of ESI on sources other than a computer, whether social media posts offer any degree of privacy, and the importance of proportionality when attempting to compel production during litigation.
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Cybersecurity Law & Strategy
Preventing and Mitigating Cultural Engineering Attacks During M&A: What Every Law Firm Needs to Know
Mark Sangster
Criminals have long taken advantage of unrest and instability, knowing that people’s attention will be diverted and their defenses down during uncertain times. This leaves ample space for the less altruistic among us to move in and manipulate a situation to their benefit.
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Cybersecurity Law & Strategy
Ransomware: To Pay or Not to Pay Is Not the Question
Michel Sahyoun
Ransomware has come a long way since the 1989 “AIDS Trojan.” In 2019 ransomware demands topped $12M. Succinctly put: “Ransom demands grew larger. Tactics became more cutthroat.”
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Cybersecurity Law & Strategy
Data Is Fluid -- So Why Are Data Maps Static?
Dean Gonsowski
Data “in transit,” or in motion, is data that is moving from one location to other, such as from device to device or through a private network. Data “at rest” is data that is not actively moving from place to place, such as archived data. Protecting data in motion and at rest is crucial for data-driven enterprises as hackers continue to come up with new ways to attack.
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Cybersecurity Law & Strategy
Redefining Law Firm Financial Management In an Era of Unprecedented Economic Uncertainty
Ari Kaplan
The pandemic has forced law firms to reevaluate their expenses, refine their budgets, and review their overall operations to adapt to an environment of perpetual uncertainty. To understand their approach, options, and considerations, LSQ engaged Ari Kaplan Advisors to benchmark a range of metrics and perspectives from leaders at an array of organizations
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Cybersecurity Law & Strategy
Why a Mutuality of Services Mindset in Legal Makes for a Better Post-COVID Culture
Leigh Vickery
In the legal industry, transitioning to a culture of care poses more of a challenge to law firms than other businesses. In fact, today’s business climate has long been calling for reform to the law firm business model of the billable hour and a reassessment of the economic principles of legal partnerships, which actively encourage self-interest and the maximization of personal financial returns. What is needed now is for attorneys to seize the chance to reshape their profession and strengthen their position as leaders of our society.
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Cybersecurity Law & Strategy
Legal Tech: Illinois District Court Case Provides TAR Guidance
Philip Favro
Livingston v. City of Chicago
A new technology-assisted review (TAR) case provides instructive guidance on any number of key issues surrounding the use of TAR.
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Cybersecurity Law & Strategy
Legal Tech: Legal Tech Is Catching Up to Diversity Efforts. Now They Have to Get Ahead.
Frank Ready
While legal tech companies are donating services and time to racial justice initiatives, establishing long-term change may require a more strategic approach and an assist from data analytics.
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Cybersecurity Law & Strategy
Legalweek NY is Expanding to Guide You Through a Legal Industry Revolution
Zach Warren
The legal industry has undergone several years' worth of transformation over the course of the last six-plus months — so it's clear we're going to need more than a week to cover it all. Legalweek New York event is expanding in 2021 to include a yearlong slate of programming.
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Cybersecurity Law & Strategy
The State of the e-Discovery and Data Privacy Job Market: Pre and Post COVID-19 – Part 2
Jared Coseglia
A deep dive into the pre and post pandemic e-discovery job market landscape and what data privacy professionals can learn from ESI employment trends.
Part Two of a Two-Part Article
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Cybersecurity Law & Strategy
Legal Technology, Advanced Analytics, and the Impact of the Pandemic on Innovation In the Automotive Industry
Tariq Hafeez
For the automotive industry already facing cost constraints as a result of the pandemic, the predicted increase in litigation activity accentuates the need to invest in innovative service and delivery models to cut litigation costs.
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Cybersecurity Law & Strategy
Summer 2020 Data Privacy Updates
Rebecca Perry
America and the EU Continue Altering Data Privacy Frameworks for Businesses
A close look at a couple of privacy-related issuances from California, along with the European Court of Justice ruling invalidating the EU-U.S. privacy shield.
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Cybersecurity Law & Strategy
Technology Investments for Law Firms Moving Forward Post-COVID
Christopher Zegers
Our forced experiment in change and technology adoption caused increasing technology investments. We’re never going back the way we were — and this will be to the benefit of firms, profitability, clients and lawyers if we make the right technology investments. Here are some specific ways firms can capture these benefits.
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Cybersecurity Law & Strategy
Ransomware – COVID-19 & Upgrading Your Defenses
Jonathan Armstrong and André Bywater
It’s pretty shameful that in the current crisis we’re seeing ransomware on the rise. It’s even more shameful that organizations involved in fighting the virus seem to be especially at risk.
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Cybersecurity Law & Strategy
Create a Community to Connect and Empower
Ari Kaplan
I encourage you to cultivate your own community as a means of connecting and empowering your peers. These are a few ideas to help you launch and maintain a program.
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Cybersecurity Law & Strategy
Facebook and Instagram Developers Sued for Privacy Violations In U.S. and UK
Alaina Lancaster
Facebook filed two separate lawsuits in the UK and U.S. that the company says is part of an ongoing effort to hold developers that abuse its platform accountable.
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Cybersecurity Law & Strategy
Legal Tech: Summer 2020’s Most Interesting E-Discovery Cases
Mike Hamilton
Social Media & Cell Phones Still Represent an E-Discovery Battleground
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Cybersecurity Law & Strategy
COVID-19 and Working Remotely: Embracing the Changes and the Challenges In a Pandemic
Experts share their experience and insight around workplace trends and the value of technology tools to drive productivity and engagement in a roundtable discussion.
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Cybersecurity Law & Strategy
The State of the e-Discovery and Data Privacy Job Market: Pre- and Post-COVID-19, Part 1
Jared Coseglia
Part One of a Two-Part Article
This deep dive into the specific cause-and-effect paradigms impacting the data privacy and e-discovery verticals illustrates broader trends in the overall legal technology job market while simultaneously giving professionals in (or eager to be in) those disciplines a clear roadmap of where the legal technology, data privacy, and ESI job market was, is today, and where it will be in the future.
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Cybersecurity Law & Strategy
Cybersecurity for Remote Workers: Keeping Financial Information Secure
Ashley Thomas
At the beginning of the COVID-19 pandemic, businesses scrambled to rapidly deploy a remote workforce which created new challenges for businesses to continue operating and providing critical services. It also created an opportunity for malicious actors to hack into and gain access to IT systems and sensitive, personal information.
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Cybersecurity Law & Strategy
What’s In a Name? Booking.com and Consumer Perception Evidence
David H. Bernstein and Jared I. Kagan
In the first case in U.S. Supreme Court history argued by telephone, the Court on June 30, 2020 ruled 8-1 in favor of Booking.com holding that it could register as a trademark its eponymous domain name BOOKING.COM.
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Cybersecurity Law & Strategy
Chief Legal Officers Taking Lead In Cybersecurity Policy, ACC Reports
Dan Clark
In addition to helping make strategic business decisions, general counsel and chief legal officers are now often tasked with playing a leading part in a corporate cybersecurity and data privacy plan, according to the Association of Corporate Counsel’s 2020 State of Cybersecurity Report.
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Cybersecurity Law & Strategy
Legal Tech: Six Years of Tracking E-Discovery Trends and Providers
Ari Kaplan
For the past six years, the E-Discovery Unfiltered report to identify pricing patterns and preferences in electronic discovery, highlight projected investments in the sector, gauge the impact of the cloud, track shifting preferences in outsourcing and remote review, understand vendor selection criteria, and focus on the need for international ediscovery, among other trends.
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Cybersecurity Law & Strategy
Legal Tech: The Intersection of E-Discovery and Cybersecurity: You’ve Come a Long Way, Baby
Kenya Parrish-Dixon and Joe Schatz
Data is an asset and a liability. It fits into both accounting columns and will not fail to be used against a corporate entity if not secured properly. Databases contain trade secrets, personally identifiable information, HIPAA-protected health care information, proprietary information and classified data. As the size of databases grew and the importance of data became more evident, one thing became apparent: the information stored in those repositories had to be kept secure.
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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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