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Cybersecurity Law & Strategy
The Adoption of Legal Analytics
Karl Harris
The legal profession continues to embrace legal analytics and its advantages in increasing numbers every year. Now, the more interesting questions pertain to how legal professionals use legal analytics and what the likely path is for legal analytics in the future.
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Cybersecurity Law & Strategy
Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill'
Kim Peretti, Jon Knight, and Emily Poole
The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not protected by attorney-client privilege.
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Cybersecurity Law & Strategy
Why Untangling the CISO from IT Can Improve Governance and Security Outcomes
Jake Frazier
Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to the CEO.
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Cybersecurity Law & Strategy
The Legal Industry Pivoted Quickly in the Wake of COVID-19, and Recent Surveys Suggest There’s No Turning Back
Sean Fitzpatrick
This article discusses the key lessons that can be taken from a series of recent surveys that seek to understand the long-term impacts of COVID-19 on the industry from the perspective of legal executives and frontline lawyers in U.S. firms and corporate law departments.
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Cybersecurity Law & Strategy
Accountability and ROI: Building Cybersecurity into Your Budget
Heinan Landa
If we intend to minimize the risk of a successful attack, we must accept cybersecurity as an ongoing, evolving, relentless effort that requires diligence and discipline. And we have to throw more money at it, too.
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Cybersecurity Law & Strategy
Privacy and Ethical Concerns of Vaccine Passports
Emily N. Litzinger and Alexa R. Hanlon
While the concept of digital vaccine passports might seem like a perfect solution, implementation is muddled not only by administrative feasibility, but the web of legal and business considerations raised if requiring the passport to return to the workplace or enter a business. This article untangles some of these complex legal considerations, including privacy and ethical concerns, offering employers guidance in evaluating their feasibility at the workplace.
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Cybersecurity Law & Strategy
California Privacy Protection Agency Roster Set
Mike Scarcella
California named five members to the inaugural board of the California Privacy Protection Agency, a new entity created by voters in 2020 that will enforce the state’s sweeping consumer privacy laws.
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Cybersecurity Law & Strategy
Legal Tech: The Ethics of E-Discovery In a Remote Work Environment
Joseph Tate and Emily Plowcha
Just as the pandemic has challenged every aspect of our lives, the shift to a remote work environment has significantly impacted e-discovery and the ethical obligations of attorneys in this ever-evolving technological and legal landscape.
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Cybersecurity Law & Strategy
A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery
Ryan Costello
The intersection of foreign laws governing data collection and cross-border discovery operations continues to be a potentially volatile conjunction.
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Cybersecurity Law & Strategy
Depositions and Legal Proceedings in the Remote World: What Attorneys Need to Know About Security and Best Practices
Tony Donofrio
Now that depositions and other legal proceedings are now virtual, remote exercises in most cases. It doesn’t mean, however, that the rules have relaxed. If anything, it’s more important than ever to follow best practices and pay attention to security.
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Cybersecurity Law & Strategy
Winter 2021 Privacy Alert Roundup
Rebecca Perry
In this Privacy Alert Roundup, we’ll take a look at Virginia’s new proposed data protection law, a new proposed federal banking rule regarding cybersecurity incidents, and how lackadaisical vendor risk management can come back to bite you in court.
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Cybersecurity Law & Strategy
Telehealth Enforcement: Is It the Next Big Thing?
Ty E. Howard, Scarlett S. Nokes, Gene R. Besen and Jason P. Mehta
With the start of the Biden administration and a DOJ very likely led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.
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Cybersecurity Law & Strategy
Legal Tech: Winter 2021 E-Discovery Case Law Review
Mike Hamilton
In this winter e-discovery case law review, we’ll cover three cases that might have turned out differently had counsel supervised e-discovery activities more adequately.
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Cybersecurity Law & Strategy
NY Proposed Privacy Bill of Rights Could Add to Compliance Confusion
Frank Ready
New York Gov. Andrew Cuomo’s executive budget proposal includes plans for a comprehensive data privacy law that rather than bring more clarity to an increasingly fragmented U.S. privacy landscape, could place even more strain on corporate legal departments attempting to get a handle on compliance.
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Cybersecurity Law & Strategy
Data Privacy Forecast: 2021 On Pace to Be a Milestone Year
Jake Frazier
As the economy and business operations begin to stabilize in the new year, organizations will take stock of lessons learned and new risks that need to be addressed. In-house legal and information governance teams are likely to be at the forefront of these efforts, with a keen focus on the data privacy, security and compliance gaps that were exposed during the pandemic.
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Cybersecurity Law & Strategy
E-discovery 2020 Year In Review — And A Look Into 2021
Steve Salkin
The e-discovery issues associated with so many people working from home due to COVID-19, data collection privacy and more market consolidation 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
Coding Bias Out of the Law
Abeer Abu Judeh
One of legal technology’s best success story is how quickly and ably most law firms were able to make the transition. However, for some, remote appearances pose new challenges such as effective access to counsel, signal interruptions, authentication and privacy.
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Cybersecurity Law & Strategy
Why Analytics Can Be Risky in the Wrong Hands
Barry Schwartz
Having the most expensive or advanced tool in the toolbox doesn’t matter if you don’t know how to use it, and if you’re not using those tools properly, there are risks everywhere.
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Cybersecurity Law & Strategy
Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World, Part Two
Gwendolyn Seale
Part Two 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
Automated License Plate Recognition and Privacy
David Horrigan
Just what is automated license plate recognition technology, and do you really have a reasonable expectation of privacy in a number emblazoned on the front of your Ford or the back of your Buick?
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Cybersecurity Law & Strategy
Can Terms of Service Agreements Allow Companies to Skirt Consumer Protection Laws?
Stephen M. Kramarsky
Most users do not have the time or inclination to read through dozens of pages of legalese before reviewing the morning’s tweets, and if millions of users are agreeing to these terms, how bad can they be?
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Cybersecurity Law & Strategy
ROSS Intelligence Claims Thomson Reuters Uses ‘Tying Scheme’ to Thwart Westlaw Competition
Alaina Lancaster
ROSS Intelligence is alleging that Thomson Reuters uses anticompetitive behavior to maintain Westlaw’s dominance in the legal research space, according to a complaint filed in late January.
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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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