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Cybersecurity Law & Strategy
U.S. Regulators Lift the Curtain on Data Practices with Assessment, Reporting and Audit Requirements
Alan Friel, David Manek, Sasha Kiosse, David Farber and Colleen M. Yushchak
The assessment and audit requirements of the new generation of state data protection laws will force U.S. companies to move beyond mere window dressing and instead require them to develop fulsome data protection programs.
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Cybersecurity Law & Strategy
Artificial Intelligence Redefines Our Defense Against Cyber Threats
Roy Hadley
The cybersecurity landscape is on the brink of a transformative shift, with predictive analytics and behavioral analysis leading the charge for more resilient and adaptive defenses.
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Cybersecurity Law & Strategy
Deep Fake of CFO on Videocall Used to Defraud Company of $25M
Scott Warren
It appears that hackers are using AI to sift large digital data to identify more convincing approaches for their scams as well as weaknesses in weaknesses in software coding or network security.
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Cybersecurity Law & Strategy
5 Expert Cybersecurity Steps to Take in 2024
Luke Tenery
As many CISOs and cyber teams think about the year ahead, and legal professionals consider the far-reaching consequences of cybersecurity, here is a checklist to help them prepare for the biggest cybersecurity trends to come.
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Cybersecurity Law & Strategy
Pennsylvania Court Hit With Cyberattack, But It Had a Plan
Daniel J. Siegel
Law firms have information that hackers want — Social Security numbers, financial data, personally identifiable information and more. It is therefore essential that firms plan for a possible breach. And when the breach occurs, have a plan.
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Cybersecurity Law & Strategy
FTC's ‘Click to Cancel’ Rule Could Cost $2.7 Billion for Businesses
Maydeen Merino
The FTC’s proposed click to cancel rule amendments would impose a one-time cost of $2.7 billion on businesses and have an annual effect on the national economy of at least $100 million, according to an economic report by the online advertising industry’s association.
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Cybersecurity Law & Strategy
All the News That’s Fit to Pinch: 'NYT v. OpenAI'
Jonathan Moskin and Rachel Pauley
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
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Cybersecurity Law & Strategy
To Benefit from Cyber Insurance Coverage in France, Don’t Forget to File a Complaint
Stéphanie Faber and Charles Helleputte
Since April 2023, French regulation makes the payment of insurance compensation in case of cyberattacks conditional on the filing of a complaint within a reduced time frame. This regulation has been enacted in the context of the French government decision to fight against the resurgence of cyberattacks, together with ransom demands, which have a significant impact on the economy.
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Cybersecurity Law & Strategy
Artificial Intelligence: A New Weapon of Insider Threats
Peter Collins
In the hands of a motivated insider with only average technical proficiency, AI becomes a uniquely effective tool with which to penetrate an organization’s complete security infrastructure for any number of malicious purposes.
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Cybersecurity Law & Strategy
‘Keyword Warrants’ Pose Privacy Threat
Logan Youngworth-Wright, Bowman Taylor and Rubin Sinins
The practice of seeking a "keyword warrant" is a technique of dragnet policing. A keyword warrant requires the production of all IP addresses for anyone who inputs a particular word or phrase into an internet search engine. The search results are then used to identify a device user.
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Cybersecurity Law & Strategy
FTC Revises Children’s Online Privacy Rule to Extend Parental Consent to Targeted Advertising
Chris O’Malley
The Federal Trade Commission in January provided more details on its proposed changes to the Children’s Online Privacy Protection Rule, underscoring the need for online operators to review and prepare to update their policies and procedures.
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Cybersecurity Law & Strategy
Third Circuit to Rule on TikTok’s Section 230 Immunity After Viral Stunt Turned Fatal
Avalon Zoppo
The U.S. Court of Appeals for the Third Circuit has been asked to decide whether TikTok’s “highly personalized” algorithm that feeds videos to users is considered first-party speech not immune from civil liability by Section 230 of the federal Communications Decency Act.
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Cybersecurity Law & Strategy
The EU AI Act Will Transform Practices for AI Governance In the U.S.
Dominique Shelton Leipzig
The EU AI Act solidifies one of the world’s first comprehensive attempts to bring governance to unlock innovation in AI. U.S. companies have asked, what exactly does this development mean for their businesses?
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Cybersecurity Law & Strategy
The Indispensable Role of Litigation Analytics in Modern Class Action Practice
Aria Nejad
The need for precise, accurate, and comprehensive data analysis is paramount in class action litigation, where the stakes are high and the complexities manifold. At the heart of this change is the rising tide of litigation analytics.
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Cybersecurity Law & Strategy
What Does 2024 Hold for Cybersecurity?
Steve Salkin
Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.
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Cybersecurity Law & Strategy
What You Don’t Measure You Can’t Improve: AI from the View of an Applied Scientist
Steve Salkin
We caught up with an actual, real-life scientist, Jeremy Pickens, Head of Applied Science at Redgrave Data, for a Q&A that ran the gamut from a history of AI, to how one becomes a data scientist, the difference between AI in consumer industry and legal, what we can expect from AI in 2024, LLMs on acid, and more.
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Cybersecurity Law & Strategy
The Importance of Cyber Vigilance: Control Liability and Litigation Exposure
Brandon Hollinder
This article covers cyber trends and tips for organizations to explore in order to be better equipped to anticipate and respond to cyber incidents before a devastating breach occurs. The outcome? Diminished chance of class action activity, compliance violations, lost business, and mounting costs.
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Cybersecurity Law & Strategy
Fighting Cybercrime With Cyberaccounting
Sharon L. Levin and Bruce DeGrazia
As cybercrime intensifies, it is revealing a skills shortfall among those who defend our financial infrastructure. It has become critically clear that we need to radically rethink the way we prepare our frontline defense to include more experts with both technical savvy and accounting expertise. In other words, we need an army of cyber accountants.
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Cybersecurity Law & Strategy
Experience Management: Platform vs. Best of Breed
Jason Noble
Should your firm buy into a platform and capitalize on those efficiencies and integrations, or should you go “best of breed,” seeking out the best solutions for each business problem your firm is trying to solve with technology and create integrations where needed? Here are some thoughts on the platform versus best of breed paths when it comes to experience management.
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Cybersecurity Law & Strategy
Next On AI’s Agenda, Regulatory Scrutiny
Gretchen L. Jankowski and Abigail L. Cessna
While some jurisdictions are enacting or proposing AI-specific regulation, many existing regulatory frameworks apply to new technologies, including antitrust. Companies may experience different potential antitrust risks depending on the type of AI technology and their use of that technology.
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Cybersecurity Law & Strategy
United Kingdom Approves Online Safety Bill; Making Social Media Companies Responsible
Peter Brown
The United Kingdom's Online Safety Bill makes social media companies responsible to prevent and remove illegal or dangerous content, including posts relating to terrorism, child exploitation, hate crimes or fraud.
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Cybersecurity Law & Strategy
New Jersey Looks to Other States In Enacting Data Privacy Legislation
John T. Wolak and William C. Martinez
At this juncture New Jersey stands at a crossroad, with the Legislature facing important choices on the scope and terms of comprehensive privacy legislation that will have a dramatic impact on business operations as well as the individual rights of New Jersey residents.
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Cybersecurity Law & Strategy
Turning the Tables: Ransomware Actor Files Complaint With the SEC Against Victim for Failing to Timely Disclose Cyberattack
Mason Lawlor
Ransomware operation AlphV/BlackCat has filed a SEC complaint against one of its alleged victims, MeridianLink, for allegedly failing to comply with the four-day rule to disclose a cyberattack.
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Cybersecurity Law & Strategy
In Case You Missed It: AI Ethics, Algorithms and Other Takeaways from the First-Ever IAPP AI Conference
Isha Marathe
The conference’s panels and keynotes looked to connect the dots between the tools governments and individuals have in the age of AI to protect themselves — and the tools they will need to develop.
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Accounting And Financial Planning For Law Firms
Cyberaccountants Offer a New Line of Defense Against Digital Disruption
Sharon L. Levin and Bruce DeGrazia
As cybercrime intensifies, it is revealing a skills shortfall among those who defend our financial infrastructure. It has become critically clear that we need to radically rethink the way we prepare our frontline defense to include more experts with both technical savvy and accounting expertise. In other words, we need an army of cyberaccountants.
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Cybersecurity Law & Strategy
INFOGRAPHIC: Keeping Up with the Evolving Patchwork of Laws: An Interactive Map of State Privacy Laws
CLS Staff
An Interactive Map of State Privacy Laws
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Cybersecurity Law & Strategy
Happy Anniversary ChatGPT! Leveraging Generative Artificial Intelligence in Your Law Firm Practice One Year into this Disruptive Technology Phenomenon
Joy Holley
While the societal impact of technology is not a new concept, GenAI stands out due to its accessibility to the public and its profound influence on knowledge-based industries like law. In addition to boosting efficiency and productivity, GenAI’s new technological capabilities hold the promise of empowering lawyers to offer more precise and insightful guidance to their clients.
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Cybersecurity Law & Strategy
Testimonial Evidence Technology Is Transforming the Litigation Landscape
Michael T. Murray and Tony Donofrio
Managing and presenting testimony are changing a lot these days thanks to new technology. Some of the innovations lawyers are using to handle depositions, witness statements, exhibits and other evidence more efficiently and persuasively will alter the way matters are handled for the foreseeable future.
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Cybersecurity Law & Strategy
AI and Law Practice: A Roadmap for Success In Modern Legal Firms, Part 2
Melissa “Rogo” Rogozinski and Steve Salkin
Part Two of a Two-Part Article
A report on the September panel discussion sponsored by the Miami Dade Bar Association Law and Technology Committee, on AI and how to effectively use it in law firms.
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Cybersecurity Law & Strategy
Sports Memorabilia NFTs Bring Web of Rights to Negotiate for Athletes, Agents
Andrew Dana
An inside look at the jungle of rights, including insights from a top racetrack executive, on the use of NFTs. We also lay out some practical tips for athletes, agents, and attorneys on how to navigate the digital sports memorabilia landscape, including in contract negotiations and disputes.
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Cybersecurity Law & Strategy
Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective
Amir Kashani, Xuechen (Rebecca) Ding and Aseet Patel
Part Two of a Two-Part Article
In Part One, we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM’s patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we will analyze the claims made in the IBM v. Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.
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Cybersecurity Law & Strategy
Emojis in the Workplace: Innocent Fun or Discovery Hazard?
Jessica Lee and Matt Jackson
Emojis can be equally troublesome in any type of business legal case. How are your employees using emojis in text messaging? Awareness can be an important part of risk reduction. We have compiled here a few case law examples where the use of emojis in business communications had surprising legal ramifications.
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Cybersecurity Law & Strategy
WEBINAR: AI & Intellectual Property
Cybersecurity Law & Strategy Staff
Owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement. Join LJN for a free webinar on Nov. 9.
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Cybersecurity Law & Strategy
Cloud Marketplace: Stretch Your IT Budget by Partnering with Legal
Shannon Smith
By leveraging cloud marketplace solutions, the IT department can help the corporate legal department — and the business as a whole — get more from its software budget.
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Cybersecurity Law & Strategy
Practice Makes Almost Perfect: Test Your Incident Response Plan With Simulated Cyber Tabletop Games
Brandon Hollinder
more businesses are facing legal actions alleging improper preparation to avoid and/or respond to a breach event. Arguably one of the best tools to assist in preparing for and avoiding some of the negative consequences of a cyber event is a tabletop simulation exercise.
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Cybersecurity Law & Strategy
Law Firm Hybrid Work Policies Are Evolving — And Growing Teeth
Anthony Davies
What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from “office optional,” to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
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Cybersecurity Law & Strategy
The Rise of AI-Generated Voice Deepfakes
Jeffrey N. Rosenthal
Several tech companies are making strides training speech recognition tools to mimic the speaker’s voice. And while this can improve user clarity and accessibility for those with physical limitations, there is another, more troubling trend: the prevalence of “voice deepfakes” — creating synthetic voices from unknowing (or unwilling) participants using generative artificial intelligence.
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Cybersecurity Law & Strategy
California Privacy Bill Could Upend the Way Data Brokers Do Business In the Golden State
Maria Dinzeo
A California privacy bill that will give consumers the power to delete their personal information through a single request may soon become law, and could upend the way data brokers, advertisers and publishers do business in the Golden State.
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Cybersecurity Law & Strategy
New U.S.-China Investment Dynamic Focuses On AI and Sensitive Technologies
David A. Holley
An Executive Order released by the Biden Administration on Aug. 9 places increased importance on due diligence when investing in specific foreign countries. The Executive Order will regulate outbound investments in China with a focus on key technologies critical to safeguarding U.S. national security, including artificial intelligence.
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Cybersecurity Law & Strategy
New York’s Latest Cybersecurity Commitment
Erik B. Weinick
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York’s inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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Cybersecurity Law & Strategy
The EU-U.S. Data Privacy Framework: Did Transferring Personal Data from the EU to the U.S. Just Get Easier?
Wim Nauwelaerts
Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.
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Cybersecurity Law & Strategy
10 Steps Legal Departments Should Be Taking to Prepare for the SEC’s Newly Adopted Cybersecurity Risk Governance Rule for Public Companies
Megan Silverman
By readying your company’s cybersecurity program now to comply with the SEC’s cyber rules, you will also arm your company with a better defense against cyberthreat actors, reduce the reputational harm that comes along with a cybersecurity incident and increase investor confidence in the company’s cybersecurity program.
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Cybersecurity Law & Strategy
Top Signs Your Firm Is In Need of Legal Analytics
Aria Nejad
As technology continues to advance, integrating legal analytics into the practice becomes not just a choice but a necessity for staying competitive and providing top-notch legal services in the modern legal landscape.
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Business Crimes Bulletin
DOJ Calls On Companies to Incorporate Data Analytics In Anti-Corruption Compliance Programs
Fotis Konstantinidis, Michael Pace and Jason Wright
This article explains the DOJ’s recent emphasis on robust data analytics in anti-corruption compliance programs, outlines how data analytics can and should be used in these programs, and suggests an approach to help legal counsel and companies determine if corporate programs will pass muster with the DOJ.
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Cybersecurity Law & Strategy
AI and Law Practice: A Roadmap for Success In Modern Legal Firms
Melissa “Rogo” Rogozinski and Steve Salkin
This article lays out a general roadmap for success in modern legal firms through the strategic incorporation of AI technologies.
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Cybersecurity Law & Strategy
Cryptocurrency Risk Is Not So Hidden
J. Eric Wise
Cryptocurrency exchanges and law together are an evolving space. As regulation of cryptocurrency advances, and case law and practice develops, more certainty around who holds what in a cryptocurrency exchange failure will develop. In the meantime, knowing the risks, and mitigating the risks where possible, is the prudent course of action for the cryptocurrency investor and trader.
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Cybersecurity Law & Strategy
Canada Leads In Crypto Regulations
Gail J. Cohen
FTX’s collapse pushed Canada’s already robust cryptocurrency regulations further, offering protection to consumers and stability for compliant platforms but resulting in some major global platforms quitting the country because they weren’t willing to comply.
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Cybersecurity Law & Strategy
National Cybersecurity Strategy: Potential Impacts to Consider
Daron Hartvigsen
What are the impacts to civil society and government if the plan works? We should consider that “collecting intelligence, imposing economic costs, enforcing the law, and, conducting disruptive actions” will work by some measure, and if so, the impacts to the cybersecurity ecosystem could be profound.
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Cybersecurity Law & Strategy
How Law Firms Can Avoid A Summer of Cyberattack Threats
Scott Kramer
Summer at law firms creates an attack surface of which hackers love to take advantage. Legal and support staff rotate through vacations and time off, new crops of interns unfamiliar with tech processes enter the fold, and the remaining employees are often burned out and too distracted to notice the critical signs of an impending cyberattack.
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Cybersecurity Law & Strategy
One Overlooked Element of Executive Safety: Data Privacy
Dimitri Shelest
Executives have access to some of the company’s most sensitive information, and they’re increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.
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