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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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Cybersecurity Law & Strategy
The Unheralded Value of a Contract
Andrew Banquer
The most important part of a contract is the data that it generates. If you take all that data from each contract, then aggregate, organize and analyze it, you will have critical insights into the overall effectiveness of your contracting process and the way you transact business.
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Cybersecurity Law & Strategy
Should Your Clients’ Involvement With Cryptocurrency Scare You?
Ross Benson and Robert N. Driscoll
It’s not a matter of whether you have an interest in crypto, think it’s all a bizarre techno-bubble, the eventual replacement for fiat currency, or somewhere in between. The fact of the matter is your clients, and future clients, are more likely than ever to have a connection to this market, and a brief review of the headlines can make this prospect seem terrifying.
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Cybersecurity Law & Strategy
The World of NFTs
Christine K. Au-Yeung
NFTs have been all the rage lately. So what exactly are they?
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Cybersecurity Law & Strategy
Can You Hear Me Now? — Privacy of Discussions
Leonard Deutchman
This article looks at privacy discussions, focusing on what in the circumstances discussed renders the IT data private and whether the criteria relied upon when courts and others in the discussion determine that the data is or is not private is truly determinative, as well as properly understood.
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Cybersecurity Law & Strategy
How to Avoid ‘Privacy Debt’
Catherine Zhu
For many tech companies today, their products and business model require the collection and storage of data. At the same time, a failure to build adequate data protection technology, processes, and operations will continuously generate “privacy debt” for the business. The accumulation of this “privacy debt” can eventually turn away customers, attract regulatory penalties, and create an existential risk for the company.
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Cybersecurity Law & Strategy
Legal Tech: Time to Move from Email to Centralized Platform for E-Discovery
Wendy Leibowitz
Lawyers need to move away from email as a project management tool to a centralized project management platform — akin to a huge, shared, digital whiteboard — where all production requests are entered on a form that meets litigation support needs.
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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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