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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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Cybersecurity Law & Strategy
New State Statutes and Federal Guidelines Create Basket Weave of Cybersecurity Compliance
Kenya Parrish-Dixon
The U.S. doesn’t have a federal cybersecurity law, but that doesn’t mean there is no cybersecurity industry standard. There are regulations, case law, guidelines and state laws that, when combined, create an industry standard applicable to almost all business sectors.
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Cybersecurity Law & Strategy
How to Fight Online Defamation
Doug Bania
Internet tools are becoming more sophisticated in measuring the impact of disparaging and defamatory online statements, paving the way for affected business owners and celebrities to fight back by filing defamation suits seeking to recover damages for the harm to their reputation and brand value.
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Cybersecurity Law & Strategy
Ransomware Insurance: Understanding the Developing Legal & Regulatory Landscape
J. Andrew Moss, David M. Cummings and Jessica E. Gopiao
In light of the ever-growing ransomware threat, it is important to understand the developing legal and regulatory landscape in order to take the proper steps at the first sign of an attack, including getting the insurance company involved immediately.
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Cybersecurity Law & Strategy
21st Century Data Dumps and the ‘Brady’ Rule
Peter A. Crusco
What are the document dump rules that apply today? And how does the Brady rule apply to this evolving area of criminal practice? This article will address these issues.
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Cybersecurity Law & Strategy
Legal Tech: The Secret Life of E-Discovery Funding
Victoria Hudgins
The true extent of funding amounts fueling legal tech and e-discovery software companies will likely never be widely shared. The reason is simple: Without regulatory requirements, the competitive risks of disclosing these investments regularly outweighs any potential benefits.
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Cybersecurity Law & Strategy
What Makes Forensic Reports Different?
David P. Saunders
Why Are Courts Breaking the Rules and What Are the Unintended Consequences?
A lesson learned by young lawyers everywhere is that internal, corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
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Cybersecurity Law & Strategy
Electronic Discovery Document Review: The Power of Feedback
Maggie Burtoft
Human review of documents will continue to play a huge part in the ediscovery process. Managing reviewer training and accuracy can make or break the budget for your matter.
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Cybersecurity Law & Strategy
Competing by Connecting: In an Increasingly Crowded Market, Litigation Teams Must Leverage Centralized Technologies to Rise Above Their Rivals
Don Fuchs
Regardless of where each law firm currently stands in its innovation journey, it is crystal clear that the need to speed up the modernization of their technology solutions that facilitate connectivity, automation and workflow between their staff is real and immediate.
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Cybersecurity Law & Strategy
Mobile Devices Can Provide Lucrative Back Door Into Businesses for Cyber Thieves
Tim Dinsmore
We live with the reality that the once ordinary communication tool is now a potent device that needs to be used responsibly on the basis that there is a cybercriminal fraternity hell-bent on accessing said devices for ill-gotten gain.
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Cybersecurity Law & Strategy
Hybrid Work Environments Add to Internal Cybersecurity Risk
Rhys Dipshan
Are law firms truly prepared for evolving threats on the horizon, especially with hybrid work arrangements gaining momentum?
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Cybersecurity Law & Strategy
9th Circuit: Police Violated Google Users’ Privacy Rights After Automated Email Scan Detected Child Pornography
Alaina Lancaster
A federal appeals court found that law enforcement violated a Google user’s constitutional rights when it opened email attachments the platform flagged as child pornography through an automated system.
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Cybersecurity Law & Strategy
Flat Fee or Consumption-Based E-Discovery Pricing? Depends on Who You Ask
Victoria Hudgins
Being charged per gigabyte by an e-discovery software platform isn’t new, but it can still be a budgetary drain for law firms that handle many large e-discovery matters.
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Cybersecurity Law & Strategy
Slut-Shamed In the Workplace? Avoiding Exposure for Your Employees’ Exposure
John G. Browning
Situations involving an employee’s voluntary online exposure rarely end well and can bring legal exposure for the employer.
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Cybersecurity Law & Strategy
How to Address Evolving Privacy Regulations During Discovery
Gina Taranto
One Recipe for Success: Treat Private Data With the Same Priority Given to Privilege
But for all the coverage that privacy regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices.
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Cybersecurity Law & Strategy
Artificial Intelligence and Subject Matter Eligibility In U.S. Patent Office Appeals
James W. Soong
For the foreseeable future, patent applications involving artificial intelligence technologies, including machine learning, will increase with the continued proliferation of such technologies. However, subject matter eligibility can be a significant challenge in securing patents on artificial intelligence and machine learning.
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Cybersecurity Law & Strategy
Biometric Law Litigation Expands Beyond Social Media
Shari Claire Lewis
Social media has played an oversized role in lawsuits under state and local biometric privacy laws. Now, a New York City law that took effect in July is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments.
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Cybersecurity Law & Strategy
Emojis and E-Discovery
Philip Favro
Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases.
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Cybersecurity Law & Strategy
Applying Scientific Method to E-Discovery Growth
Leonard Deutchman
This article discusses scientific method as it applies to the growth of e-discovery and its protocols.
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Cybersecurity Law & Strategy
Tightening Antitrust Enforcement Could Be Boon for E-Discovery
Victoria Hudgins
U.S. antitrust enforcement is tightening, and e-discovery practitioners and vendors in the M&A market are expecting an uptick in work. But the influx of complex discovery may drain resources for other corporate e-discovery matters.
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Cybersecurity Law & Strategy
Virtual Reality or the New Reality of Virtual Practice?
Mark Sangster
In response to the worst period on record for cyber attacks, the ABA published Formal Opinion 498 to address practicing law outside of the traditional brick-and-mortar office environment. It reminds lawyers that while the ABA Model Rules permit virtual practice, they provide minimum requirements and recommendations for virtual practice, particularly in the areas of competence, confidentiality and supervision.
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Cybersecurity Law & Strategy
Strategy vs. Tactics: Two Sides of a Difficult Coin
Emil Sayegh
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Cybersecurity Law & Strategy
The Queen’s Gambit: A Proactive Approach to Reducing Technology Vendors’ Contracting Risk
Abeer Abu Judeh
There are numerous “gameplays” to reduce risks when selecting and hiring a technology vendor. Whether you are able to accept a risk and to what extent are not always clear. Just know that, like in chess, your opening move to an IT deal can be your most powerful.
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Entertainment Law & Finance
Key Issues In Cyber Insurance Policies
John Palmeri, Danielle Gardiner and Carlos Rivera
The surge in ransomware attacks has made familiarity with the provisions of cyber insurance essential for professionals in the entertainment industry, which is among prime targets of ransomware operatives.
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Cybersecurity Law & Strategy
Sorting Through the Trump Financial Documents: eDiscovery Lawyer Tells How Prosecutors Search For Clues
Nicholas Gaffney
A Q&A with Bobby Malhotra of Munger, Tolles & Olson LLP, Los Angeles.
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Cybersecurity Law & Strategy
Reimagining Technology and Process in the Next Decade
Ari Kaplan
A Q&A with a cross-section of law firm leaders to understand how the pandemic has impacted litigation in the short- and long-term.
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Cybersecurity Law & Strategy
Work from Home Could Lead to Higher Cyber Insurance Claims
Yakir Golan
A look at the main software and application categories that increased during remote work and the vast implications for user privacy, corporate cybersecurity and cyber insurance.
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Cybersecurity Law & Strategy
Preserving Snaps: Understanding Retention Features of Messaging Apps
Philip Favro
The recent Doe v. Purdue University case out of the Northern District of Indiana — in which the court sanctioned plaintiff for failing to preserve relevant images and videos from his Snapchat application — teaches that counsel must understand the retention and deletion features of Snapchat and other messaging apps and social media if they are to help their clients preserve relevant ESI.
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Cybersecurity Law & Strategy
Call for Nominations: Legalweek Leaders in Tech Law Awards 2022
Zach Warren
Legalweek and Law.com are seeking nominations from lawyers who have handled cutting edge matters at the intersection of the law and technology.
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Cybersecurity Law & Strategy
The Pandemic Job Market: From Drought to Pandemonium
Jared Coseglia
This article gives historical context to the events that brought us to the current climate and provides guidance on how employers and employees can successfully navigate the ensuing complexities of job searching and hiring in the post-pandemic pandemonium.
Part One of a Two-Part Article
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Cybersecurity Law & Strategy
The Future of Litigation Workflow: Reimagining Technology and Process in the Next Decade
Ari Kaplan
A cross-section of law firm leaders comment on the current state of litigation, remote training, building cohesive and collaborative multidisciplinary teams, leveraging technology to enhance litigation processes and outcomes, and looking at the practice of law in the next decade.
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Cybersecurity Law & Strategy
SCOTUS Narrowly Interprets CFAA to Avoid Criminalizing ‘Commonplace Computer Activity’
Patricia Kim and Maren Messing
The Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to “exceed authorization,” and the statute does not — as the government had argued — cover behavior where a person accesses information which he is authorized to access but does so for improper purposes.
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Cybersecurity Law & Strategy
EDRM Asks for Public Comment on New Information Governance Model
Steve Salkin
Adoption of the IGRM model could mean “improving dialogue about information governance, increasing the buy in from stakeholders, and expanding the awareness of the importance of information governance in the modern enterprise.”
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Cybersecurity Law & Strategy
Upping Your New Business Game with AI
Ray Meiring
With demand for technology innovation and efficiency at an all-time high, we can look to Artificial Intelligence (AI), Machine Learning (ML), and Natural Language Processing (NLP) to help streamline and automate proposal and RFP management, and bridge the gap between increases in RFP requests and lower win rates.
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Cybersecurity Law & Strategy
NY Privacy Act Stalls, Would Escalate Protections Above Other State & International Regulations
F. Paul Greene
The failure of NYPA to pass is not exceptionally noteworthy. What is noteworthy, however, is that it marks an escalation of data privacy protections and restrictions not seen in other major regulatory regimes, whether in the United States or abroad. And since most believe its failure to pass was due more to the end-of-session rush than its contents, don't be surprised if it pops up again in January 2022.
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Cybersecurity Law & Strategy
Managing and Preserving Zoom Data
Scott McVeigh
With business conversations extending across video, audio, transcripts and chat, it will not be long before we see Zoom data appearing as evidence in court. Legal teams and CIOs need to think about how to preserve Zoom data proactively for litigation case assessments, discovery, and holds, as well as investigations and regulatory actions.
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Cybersecurity Law & Strategy
National Security Implications of the Colonial Pipeline Hack
Emil Sayegh
It is difficult to think of a comparable cyber event to the one that effectively shut down the fuel pipeline that feeds over a third of the United States. We are in the midst of a national cyber crisis, and while we may have a blueprint for the resolution of these other crises, things must urgently change on the cybersecurity front.
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Cybersecurity Law & Strategy
Where Is the Consumer In Consumer Privacy Legislation?
Rita W. Garry
In the past four months of 2021, the amount of state legislative activity around consumer data privacy laws has been frantic, by state legislatures standards. So much so, it is not easy to discern the cause for all this effort.
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Cybersecurity Law & Strategy
Attorney Competence in Technology Is in the Spotlight. Are You Competent?
Tomas Suros
In response to widespread changes in the use of technology, and evaluating the potential risks of remote work and the rise of virtual meeting platforms, on March 10, 2021, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 498 making it clear that the Model Rules of Professional Conduct permit lawyers to conduct their practices virtually, but urges caution at all times:
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Cybersecurity Law & Strategy
Closing the Information Security Gaps In the New Operational Model
Kyle Reese and Nathan Curtis
In 2020, law firms did what they had to do to continue serving their clients. Information governance may have been sacrificed in the face of an urgent, global crisis. As understandable as that is, it’s time now to step back and assess best practices for the new operational model that is here to stay.
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Cybersecurity Law & Strategy
Mastery of Information: How to Successfully Manage Ungoverned Data for Risk Mitigation
Peter Baumann
Companies are collecting and managing more data than ever, essentially in order to create value, thus in effect making every company a “data” company. But for data to provide value, organizations need to know where it is, who has access to it, how it’s managed, including its longevity value, and how it needs to be secured and protected.
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Cybersecurity Law & Strategy
Best Practices for Investigations In Remote Environments
Colin Jennings, David Meadows, Nicole Wells and John Winkler
With regulatory and investigations activity expected to pick up significantly in the coming year, it’s more important than ever to tighten up remote investigations methods to meet best practices. Aside from enabling continuity during COVID-19 restrictions, remote workflows offer a number of benefits in investigations.
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Cybersecurity Law & Strategy
Expectation of Privacy In Surveillance Cameras
Leonard Deutchman
Recently, the Pennsylvania Supreme Court held that audio interceptions did not violate the rights of the defendant under the Wiretap Act, and so were admissible. The Supreme Court drew a proper and logical conclusion from the facts and the law and, hopefully, brought us closer to a reasonable look at the issue, but we still have a long way to go.
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Cybersecurity Law & Strategy
One Solution on How the U.S. Government Can Compete for Top Cybersecurity Professionals
Daniel B. Garrie and Douglas A. Smith
While the private sector is undeniably in great need of cybersecurity professionals, the public sector must compete for the limited supply of qualified candidates, particularly those capable of filling high-level positions.
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Cybersecurity Law & Strategy
Legal Tech: EU E-discovery ‘Phenomenon’ Comes With Unique Issues
Frank Ready
For a jurisdiction with little to no discovery process, the EU and its stringent privacy requirements may have already emerged as the next frontier for e-discovery providers looking to expand their business outside of the United States. However, the region’s relative inexperience with e-discovery could still emerge as a hindrance for vendors eyeing an EU-based expansion.
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Cybersecurity Law & Strategy
How Should Directors Respond to the SolarWinds Attack
Paul A. Ferrillo
This article is not about “who did what wrong” or “what nation-state commenced this attack.” It's really more about is, “if I am a Director, what should I be thinking about the SolarWinds attack?”
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Cybersecurity Law & Strategy
The Situation of Your Company’s CISO and How It Impacts Data Security
Kenya Parrish-Dixon
The intensity of information security briefings often leads to organizations tucking the CISO under the CIO instead. After all, all technology is related, right? This is a huge mistake, and it is wreaking havoc on American data security.
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