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Cybersecurity Law & Strategy
Cloudy With a Chance of IoT attacks: The Cybersecurity Forecast for 2019
Leigh-Anne Galloway
2018 was a trying year for the cybersecurity industry, with breaches increasing and showing no signs of slowing as we enter the New Year. 2019 will bring its own threats with the propagation of new technology — 5G and IoT — and their security vulnerabilities. However, there’s also progress on the horizon, thanks to more stringent government regulation and increasing legal action.
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Cybersecurity Law & Strategy
What the U.S.’ Pursuit of Foreign Nation-State Hackers Means for Cybercrime Victims and Targets
Ronald Cheng and Mallory Jensen
For years, the U.S. has maintained an active enforcement campaign against overseas cyber criminals and while these past efforts have not been haphazard, they have not necessarily been part of a specific drive to address the serious issue of foreign cybercrime committed by nation states. Recent announcements by the DOJ show that this enforcement campaign is accelerating and expanding.
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Cybersecurity Law & Strategy
Q&A with Women Leaders in Cybersecurity and Privacy
Adam Schlagman
In 2017, Atlanta attorney Bess Hinson founded the Atlanta Women in Cybersecurity Roundtable, an invitation-only initiative to provide community and resources to advance women in cybersecurity in Atlanta. Here, we speak with some of those women leaders about their biggest security and privacy challenges and why women are pursing legal and other roles in the cybersecurity and privacy field.
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Cybersecurity Law & Strategy
Are Cybersecurity Solutions and Consulting a New Revenue Stream for Law Firms?
Ishan Girdhar
The Big 4 accounting firms have identified legal services as an area for growth beyond traditional financial services and consulting services.
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Cybersecurity Law & Strategy
Detecting, Discovering, and Eliminating Threats
Tyler Young
Defending your corporation from advanced cyber threats is a difficult and never-ending challenge. The attack surface of an organization is constantly adapting to meet the needs of a business and attack vectors are increasing nearly every few hours.
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Business Crimes Bulletin
Fighting Biometric Fraud on the Blockchain
Alastair Johnson
The use of SMS verification codes as a security measure has recently been exposed as a mere stop-gap solution because of the ability of hackers to fraudulently take over phone numbers. Biometrics meanwhile is proving to be one of the best new technologies to combat fraud and identity theft.
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Cybersecurity Law & Strategy
Federal Data Privacy Legislation Is Likely Next Year, Tech Lawyers Say
Dan Clark
For Years, Federal Legislators Have Attempted to Pass Comprehensive Cybersecurity and Data Privacy Legislation. With More Support Than Ever from the Public, Industry and Both Sides of the Political Spectrum, 2019 May Be the Year When Such Legislation Is Enacted.
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Cybersecurity Law & Strategy
Prepping a Mock Notification Letter Before a Cybersecurity Breach Hits
Stephen Moore
Being prepared for the worst before it even happens can minimize the damage in the event of a cybersecurity incident. To get any company ready for a cybersecurity event, the first step is to organize a team to write a mock breach notification letter that will represent your message to the world about your failure in the event you have a breach.
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Cybersecurity Law & Strategy
Legal Tech: Moving to the Cloud for Business Continuity Planning
Jonathan Reed
In the past year, the devastation caused by natural disasters has been immense. Law firms, like every other business, are left to deal with the aftermath of these catastrophic events. Firms that have established business continuity plans to put into effect when these instances occur will find themselves a step ahead in the disaster recovery process. And the ones leveraging cloud technology are at an even greater advantage.
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Cybersecurity Law & Strategy
Podcast: Cognitive Security
Jason Thomas
We live in information environment that is unique to this point in time (social media, information overload). How do we know what’s true and what’s not?
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Cybersecurity Law & Strategy
Sticking a Hand in the Internet Cookie Jar
Jeffrey Higel, Michael Bahar and Mike Nelson
Why Collecting Children’s Online Data is a Risk
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. For manufacturers, they also pose regulatory litigation, and insurance risks, especially when children end up using their “smart” products.
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Cybersecurity Law & Strategy
Are You Prepared? Dealing with GDPR-like Rules Spreading Across the Nation
Mark Sangster
California’s Consumer Privacy Act, signed into law earlier this year, follows a growing line of consumer privacy laws, such as the European General Data Protection Regulations (GDPR), Canadian Breach of Security Safeguards Regulations of the Personal Information Protection and Electronic Documents Act (PIPEDA), and related New York Department of Financial Services Cybersecurity Rules and Regulations (NYCRR 500).
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Cybersecurity Law & Strategy
Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things
Michael Bahar, Frank Nolan and Trevor Satnick
Companies Impacted By California’s SB-327 — Especially Manufacturers and Distributors of IoT Devices — Should Work to Ensure Compliance With the Act As Soon As Possible If Regulatory Fallout Is to Be Avoided Come January 2020
While a great deal of attention has focused on the California Consumer Privacy Act, California also passed a less-publicized, but highly critical, statute that will regulate certain aspects of Internet of Things device security.
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Cybersecurity Law & Strategy
How Legal Teams Can Leverage AI
Rebecca Yoder
Artificial intelligence and automation are creeping into the workplace of every industry, bringing the added benefits of efficiency and security. As more organizations implement AI solutions across their departments, businesses still relying on outdated, manual processes will fall behind.
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Cybersecurity Law & Strategy
The Blockchain Can Finally Secure Supply Chains Against Cyberattacks
Adrian Clarke
Cyber criminals looking for new ways to exploit company networks are turning their focus to the privileged network access given to the many players involved in supply chains. As supply ecosystems grow, and points of vulnerability proliferate, businesses will have to turn to distributed ledger technology.
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Cybersecurity Law & Strategy
Worried About Complying with ABA Opinion 483 on Cybersecurity? Fear No More
Larry J. Hershman and Jeffrey S. Brenner
In response to the omnipresent threat of cyberattacks, the ABA issued Formal Opinion 483, which addresses the obligations imposed upon lawyers to safeguard their clients’ data. Here’s how to achieve compliance.
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Cybersecurity Law & Strategy
Legal Tech: Cloud and Security Considerations for e-Discovery
Stephen Ehrlich
E-discovery presents some special considerations that need to be examined before deciding what is best for your organization and really taking a stand in the on-premises vs. cloud debate.
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Cybersecurity Law & Strategy
Legal Tech: Cases Highlighting Judicial Discretion in Ordering E-Discovery Sanctions
Mike Hamilton
Three cases from the summer of 2018 reinforce some of the key themes of recent e-discovery case law
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Business Crimes Bulletin
Robbing a Locked Bank Vault from Home: Legal Issues Raised by Cryptocurrency Frauds
Chris Ott
Cryptocurrency theft remains a major concern for traders and investors given that billions of dollars of cryptocurrency are stolen every year. These cutting-edge problems intersect in interesting ways with companies' existing fraud and anti-money laundering concerns, but it all starts with the cryptocurrency "wallet."
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The Intellectual Property Strategist
U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise
Phillip Bantz
The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.
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Cybersecurity Law & Strategy
Elections: The Hidden Security Danger for Governments
Roy E. Hadley, Jr.
The news is replete with alleged actions of foreign governments and hackers trying to impact the democratic election process in the United States. It is incumbent upon the state and local governments to ensure the security of all elections.
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Cybersecurity Law & Strategy
Why Do Cybersecurity Programs Fail?
Chris Moschovitis
It seems this should be a key question for everyone in business, government, technology, and cybersecurity: If we know the problem with cybersecurity, and have ways of methods of addressing the problem, why are we still failing?
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Cybersecurity Law & Strategy
Cybersecurity Ranks Among Top Concerns of Corporate Legal Departments
Chris Maguire
A survey of more than 460 attorneys and decision makers working in corporate legal departments nationwide found that in-house teams, already stretched by limited resources, are confronting new and traditional challenges. Cybersecurity ranked among legal departments’ biggest concerns for 2018.
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Cybersecurity Law & Strategy
Phishing for Whales with Spears
Eli Nussbaum
What Your Organization Can Do to Protect Itself from Email-Based Attacks
There’s no question that email has revolutionized the way we operate. Unfortunately, for all of its convenience, email has opened the door to serious security threats that include viruses, malware and fraud. Phishing scams have become a widespread problem — you’d be hard pressed to find anyone who hasn’t been on the receiving end of a phishing attempt.
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Cybersecurity Law & Strategy
Understanding the Intersection Between GDPR and Cybersecurity
Jake Frazier and Anthony J. Ferrante
It’s been about half a year since Europe’s General Data Protection Regulation (GDPR) was activated, and corporate legal, privacy and compliance teams are beginning to adjust to the new lay of the land. We’ve seen early examples of enforcement activity, and those are helping organizations better understand the long-term landscape for compliance.
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Cybersecurity Law & Strategy
Unprepared for a Cyberattack? The DOJ Wants to Change That
Phillip Bantz
New U.S. Department of Justice Cybersecurity Guidelines Stress Preparedness Amid Reports That Many Organizations Have Failed to Plan for a Breach
Data protection tips are virtually everywhere these days. So it’s hardly surprising that the U.S. Department of Justice has released new guidelines on that very topic. The UK’s National Cyber Security Centre is poised to follow suit.
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Cybersecurity Law & Strategy
Robbing a Locked Bank Vault from Home: Legal Issues Raised by Cryptocurrency Frauds
Chris Ott
The advent of cryptocurrencies has raised a host of legal issues; some of the most immediate ones — such as whether cryptocurrencies are securities — appear to have been resolved, but cryptocurrency theft remains a major concern for traders and investors given that billions of dollars of cryptocurrency are stolen every year.
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Cybersecurity Law & Strategy
Meritas’ New Cybersecurity Standard Requirement Assures Legal Clients
Victoria Hudgins
Meritas, a nonprofit association of law firms, now requires its law firm members to follow a new cybersecurity standard. The reason for this new standard? Law firms’ clients.
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Cybersecurity Law & Strategy
The Blockchain Will Support GDPR, but Not How Most People Think
Michael Smolenski
It’s clear that the onset of GDPR regulations and a quickly changing consumer sentiment about the sensitivity and value of their personal data will reorient a company’s interactions with their customers and their information. There will be some pain points in this transition, as Facebook investors recently demonstrated, but it doesn’t have to be a unilateral downturn for the tech industry.
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Cybersecurity Law & Strategy
Online Extra: Severity of Data Breaches Increases In First Half of 2018
Zach Warren
Gemalto’s 2018 Breach Level Index found 4.5 billion records were stolen, lost or compromised worldwide in the first half of 2018, a 133 increase over the first half of 2017.
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Cybersecurity Law & Strategy
Cybersecurity for Government: Lessons from the Front Line
Roy E. Hadley, Jr.
During the time it takes you to read this article, somewhere in the United States, a governmental entity will probably be the victim of a cyber-attack. This article highlights the areas that are most impactful, based on experience in dealing with both large and small cyber-attacks against governments and governmental entities.
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Cybersecurity Law & Strategy
Update on UK Sanctions, Anti-Money Laundering and Brexit
André Bywater and Jonathan Armstrong
This article provides a brief education about where things currently stand in the UK as regards to sanctions and anti-money laundering in the shifting sands of the Brexit process.
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Cybersecurity Law & Strategy
Cybersecurity and Email
Bill Ho
In the legal community, professionals have embraced email. However, as increasing concerns and regulations around data security continue to evolve, the future of digital communication via email may not meet the more stringent requirements.
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Cybersecurity Law & Strategy
Fighting Biometric Fraud on the Blockchain
Alastair Johnson
The use of SMS verification codes as a security measure has recently been exposed as a mere stop-gap solution because of the ability of hackers to fraudulently take over phone numbers. Biometrics meanwhile is proving to be one of the best new technologies to combat fraud and identity theft.
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Accounting And Financial Planning For Law Firms
Law Firms: You Can’t Buy Yourself Out of Risk
Mark Sangster
A survey of more than 160 law firm executives (from medium to large firms) found that law firms are among some of the highest spenders on security yet were susceptible to some of the most common risks. And the issue will grow over the coming years as the demands of the business drive the adoption of emerging technologies, such as cloud and Artificial Intelligence (AI).
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Cybersecurity Law & Strategy
Law Firms at a Crossroads: The New Paths to Safeguarding Data as Attacks Ramp Up
Brian Lapidus and Keith Wojcieszek
How do you protect your firm? The vast majority of cyber-related vulnerabilities can be traced to staff and third parties who accidentally or deliberately don’t follow security protocols or are tricked into downloading malicious code.
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Cybersecurity Law & Strategy
Retail Leads the Way in Data Breaches — Here’s How to Protect Your Customers
Paige Schaffer
If 2017 was considered the “year of the data breach” as the number of incidents hit a new record high of 1,579, 2018 might get even more serious. Just a little more than halfway through 2018, the number and scale of data breaches that have already been reported is staggering.
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Cybersecurity Law & Strategy
Cybersecurity Roundtable: Chicago’s Tech Experts Answer Three Critical Cybersecurity Questions
Adam Schlagman
Earlier this summer a group of security-minded executives in Chicago, long a hub for legal and financial tech, sat down for a panel discussion on anticipating and combatting cybercrime.
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Cybersecurity Law & Strategy
Law Firms: You Can’t Buy Yourself Out Of Risk
Mark Sangster
A survey of more than 160 law firm executives (from medium to large firms) found that law firms are among some of the highest spenders on security yet were susceptible to some of the most common risks. And the issue will grow over the coming years as the demands of the business drive the adoption of emerging technologies, such as cloud and Artificial Intelligence (AI).
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Cybersecurity Law & Strategy
Securing Each Link in the e-Discovery Chain
David A. Greetham
Cloud service providers to the federal government must meet the rigorous requirements of the Federal Risk and Authorization Management Program. FedRAMP, as it’s known, is designed to help federal agencies follow the government’s “cloud first” policy, and includes detailed and strict encryption and other cybersecurity requirements.
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Cybersecurity Law & Strategy
Blockchain Will Bring Opportunities, Challenges to Legal Discovery
Adam Brill
As more and more data is in blockchains, attorneys will have to interact with it. Blockchain will also become part of litigation without being the central focus as systems move to blockchain implementation. Attorneys will have to take note.
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Cybersecurity Law & Strategy
Legal Tech: Early 2018 E-Discovery Case Law Review: Sanctions and the Reasonableness of TAR
Mike Hamilton
Cases from early 2018 that stand above many others for the impact they will have on both sanctions and e-discovery review processes moving forward.
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Cybersecurity Law & Strategy
What We Learned from ILTACON'18
Rhys Dipshan
A wrap-up of the 2018 ILTACON.
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Entertainment Law & Finance
Get Ready for California’s Version of the EU General Data Protection Regulation
Jacqueline Klosek
The entertainment industry is intensely focused on data collection and analytics as it seeks to maximize the exploitation of digital content. Just as those of us in the privacy field had begun to have a slight breather as much of the heavy lifting on the GDPR was finally behind us, lawmakers in California have passed the California Consumer Privacy Act of 2018 (CCPA).
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Cybersecurity Law & Strategy
General Data Protection Regulation: Defense or Offense?
Nina Cunningham
Ostensibly, GDPR’s mission is to strengthen and unify the EU’s protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
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Cybersecurity Law & Strategy
Measuring Success in Cybersecurity
Chris Moschovitis
Cybersecurity concerns are akin to health concerns. You can practice a healthy lifestyle; you can get regular medical check-ups; you can be vigilant in monitoring your own body. Still, the question remains, “How do I know I’m healthy?” The answer is, “You don’t.”
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Cybersecurity Law & Strategy
Five Takeaways from Recent Cybersecurity Developments by Colorado and the SEC
Brian Neil Hoffman
Colorado recently adopted a new law expanding companies’ obligations in the event of a cybersecurity incident, and establishing new data security and disposal obligations. Recent announcements by the SEC likewise emphasize important responsive points for both companies and their personnel in the wake of an incident. Five key takeaways from these developments are highlighted in this article.
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Business Crimes Bulletin
Protecting Privilege Before and After a Cyber Breach
Robert W. Anderson and Eric B. Levine
Critical to any counsel working to prevent a cyber attack or respond to a successful cyber intrusion is an understanding of why and how to properly utilize both attorney-client and work-product privilege.
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Cybersecurity Law & Strategy
Is Gmail’s New Ephemeral Messaging Service a Threat to Data Retention?
Rhys Dipshan
Despite some potential problems with widespread use of Gmail’s ‘confidential mode,’ the new ephemeral messaging function can be easily managed from an information governance perspective.
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Cybersecurity Law & Strategy
Legal Tech: Approaches and Considerations for Discovery Cost Minimization and Recovery
John Koss and Daniel Pelc
The costs of litigation increase with ever more potentially responsive data, litigation technology options, and a truly global reach in the context of much litigation. In response, law firms must continue to consider viable approaches to broaching discussions surrounding the recovery of these costs both within the firm and, more importantly, with law firm clients.
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