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Cybersecurity Law & Strategy
Plan to Protect: Cybersecurity for Employees Before Day One
Luke Tenery and Daron Hartvigsen
With new employees come new risks; from aspiring insider threats that intend to join a target to extract sensitive information, to insecure processes being exploited due to too much trust being placed in candidates and new hires.
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Cybersecurity Law & Strategy
Preparing Companies for Impending Data Privacy, Cybersecurity Changes
Sarah F. Hutchins
Failing to pay attention to shifting data privacy and security regulations can be costly. Here’s an overview of what’s been happening — and what’s likely to happen next — in the world of data privacy and security.
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Cybersecurity Law & Strategy
AI Considerations for In-House Counsel
Charmian Aw, Diletta De Cicco, Annette Demmel, Charles-Albert Helleputte, Kyle Fath, Alan Friel, Julia Jacobson, Bartolome Martin and David Naylor
Having an AI policy that outlines acceptable use, and documenting assessments that establish that AI systems are used in a manner consistent with the policy and that the benefits outweigh potential harms, can go a long way in managing legal and reputational risk.
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Cybersecurity Law & Strategy
4 Pitfalls To Avoid In Legal Operations (and How to Deal With Them)
Brian Corbin
For legal stakeholders seeking to take their existing legal operations programs to the next level or start new programs from scratch, there are a few all-too-easy traps that can stunt growth, cost political capital and cause headaches. Having a strategic plan, budget and critical executive buy-in is not enough to avoid these four common issues.
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Cybersecurity Law & Strategy
How to Implement Generative AI at Your Organization
Jessica Robinson
AI language models are trained on massive amounts of data to function and improve. The more data the model is trained on, the better it gets at detecting patterns, anticipating what comes next, and producing realistic text. Right now, however, there are few controls in place to stop these models from scraping personal and private information from people and business.
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Cybersecurity Law & Strategy
How to Avoid Running Afoul of Privacy Laws
Dan Panitz and Jerry McIver
Privacy laws and enforcement are causing big changes to global commerce and have now arrived at our doorstep. The million dollar questions are how this will affect our businesses and what, if anything, do we need to do about it?
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Cybersecurity Law & Strategy
Will Section 230 Protect AI Chatbots?
Cassandre Coyer
The lack of answers from the Supreme Court regarding the scope of Section 230 of the 1996 Communications Decency Act comes at a time when legal questions around generative AI are mushrooming.
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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
The AI Glossary
CLS Staff
Artificial intelligence is dominating conversations across all industries, including legal. To help legal professionals navigate this fast-evolving space, we define many of the key terms and concepts relating to AI. This glossary will be continually updated as new developments emerge.
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Cybersecurity Law & Strategy
Why Your Managed Service Provider Should Be Using Automated SIEM Logs to Manage Data Security Threats to Your Firm
Mike Paul and Robert Padilla
To effectively safeguard their data and networks, law firms need to deploy advanced security tools that can help detect and respond to threats in real time. One such tool is security information and event management (SIEM) software.
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Cybersecurity Law & Strategy
3 Common Pitfalls Lawyers Face Without Legal Analytics
Aria Nejad
Without the right tools, even the most skilled lawyers can fall victim to common pitfalls that can cripple their performance and success. This article discusses three of these pitfalls and how legal analytics can help lawyers stay ahead of the competition and provide the best counsel to their clients.
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Cybersecurity Law & Strategy
Navigating the Risks and Opportunities of ChatGPT
Greg Hatcher
The Implications of Data Breaches and Generative AI Platforms for the Legal Industry
The pros and cons that law firms should consider before incorporating generative AI.
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Cybersecurity Law & Strategy
ChatGPT & Generative AI: Everything You Need to Know, Part 2
Dan Felz, Wim Nauwelaerts, Paul Greaves and Josh Fox
Part Two of a Two-Part Article
Part One of this article briefly detailed what “generative AI” tools like ChatGPT are and provided an overview of key legal considerations, including by looking forward to upcoming AI-specific legislation in the EU and the U.S. Part Two looks at AI-specific laws and the path forward for firms wanting to use AI in practice.
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Cybersecurity Law & Strategy
Bitcoin NFTs: Making the Case to Be Sole Digital Asset Protocol
Cameron Pick
NFTs are unique identifiers stored on a blockchain which represent ownership of a particular asset in the digital or physical world. They are typically created and transferred on a smart contract platform such as Ethereum or Solana. However, NFTs have recently come to the Bitcoin blockchain, which is an exciting development for several reasons.
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Cybersecurity Law & Strategy
Legal Travel Is Back: Post-Pandemic Tips for Lawyers Traveling for Trials
Ryan Spear
Many courts across the country have resumed in-person trial operations. Law firms now face new challenges when it comes to planning for out-of-town trials, as the return to in-person proceedings requires coordinating travel logistics such as airfare, hotel reservations and technological needs.
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Cybersecurity Law & Strategy
The Cost of Failing to Collaborate On Cybersecurity
Ari Treuhaft
Data security discussed at the C-Suite level usually involves CIOs, CISOs, CCOs, and often the company board. However, with an increasing volume of cybersecurity threats and the rising cost associated with each breach, collaboration between cybersecurity leadership and in-house counsel has never been more important.
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Cybersecurity Law & Strategy
Securing License for Internet Artificial Intelligence
Jonathan Bick
The licensing of internet AI intellectual property is stymied because legal difficulties such as the proper assessment of the jurisdiction for the licensing agreement and the proper identification of the parties for the licensing agreement. However, the primary issue is that normally the licensor is a computer program, hence not a legal person.
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Cybersecurity Law & Strategy
ChatGPT & Generative AI: Everything You Need to Know
Dan Felz, Wim Nauwelaerts, Paul Greaves and Josh Fox
Part One of a Two-Part Article
Corporate legal departments are increasingly receiving requests from business clients to use ChatGPT or similar AI-powered tools in their operations. These requests can be urgent, with business clients demanding enablement from legal. This article is in two parts: Part One briefly details what “generative AI” tools like ChatGPT are and provides an overview of key legal considerations, including by looking forward to upcoming AI-specific legislation in the EU and the U.S.
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Cybersecurity Law & Strategy
AI or Not To AI: Observations from Legalweek NY 2023
Steven Salkin
This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
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Cybersecurity Law & Strategy
Data Mapping: Leave No Data Behind
Ariyah Mandel
Why Data Mapping Is a Critical Exercise for Corporate Legal Departments
Data mapping is the process of figuring out what information a company gathers, where it is kept and how it moves across the company. This article examines the importance of data mapping for corporate legal departments and how it fits into a larger strategy.
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Cybersecurity Law & Strategy
Protect Your Firm from the Coming Cyber Storm
Christopher Lafferty
The rise of security breaches has us all acutely aware of the importance of keeping firm and client information as safe as possible. Law firms of all sizes continue to be hot targets for cybercriminals looking for sensitive financial, personal and business data about clients and cases. Experts predict that 2023 will see more cybersecurity threats than ever before.
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Cybersecurity Law & Strategy
How Companies Can Benefit from 3D Printing
Brian A. R. Raddatz and Kate Nuehring Su
3D printing, or additive manufacturing, is raising the bar for companies across a variety of industries in terms of convenience, capabilities, and lowering cost. To maintain a competitive edge, companies must keep pace with the developments occurring within their respective fields and should consider pursuing patent protection when appropriate to capitalize upon their own innovative contributions.
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Cybersecurity Law & Strategy
Podcast: Crypto’s Down, But It’s Far From Dead
CLS Staff
Listen in on a post-webinar chat on “The Crypto Landscape: Post-FTX,” with Blockchain Legal LLP partner Aaron Krowne and counsel Ali Derie, along with veteran entertainment industry lawyer Eric S. Goldman, about cryptocurrency's rocky recent past (and present) as well as its still-promising, if uncertain, future.
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Cybersecurity Law & Strategy
Yes, You Are My Data’s Keeper
Josh Hummel
Federal Court Decision Among the First to Allow a Data Breach Liability Claim to Proceed Under Common Law Bailment Theory
Data breach lawsuits have often struggled to match up the unique realities of data breaches with traditional theories of legal liability. A recent decision from the Southern District of Indiana, however, cut through these issues by allowing a class action claim to proceed on a theory of liability often proposed by commentators as a solution to the data breach liability conundrum but until recently almost uniformly rejected by courts: the common law theory of bailment.
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Cybersecurity Law & Strategy
AI Regulation in the U.S.: What’s Coming, and What Companies Need to Do In 2023
Kim Peretti, Dan Felz and Alysa Austin
Part Two of a Two-Part Article
In Part One, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two, continues the discussion on potential federal AI regulation and what companies can do to prepare.
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Cybersecurity Law & Strategy
Legal Operations Success In 2023
Ari Kaplan
Strategies for Navigating an Uncertain Economy, Leveraging CLM Technology to Streamline Processes, and Embracing Change
During a recent discussion with a select group of leaders in legal operations in highly-regulated organizations, several key themes emerged that are likely to drive new initiatives in 2023.
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Cybersecurity Law & Strategy
Federal Jury Rejects First Amendment Defense In ‘MetaBirkins’ NFT Standoff
Todd Larson and Yonatan Shefa
Leading the charge in thorny IP issues have been cases addressing whether NFT makers who utilize other parties’ trademarks can turn to the First Amendment as a defense to trademark infringement. This article analyzes the summary judgment decision that set the stage for trial in Hermes International, and provides some takeaways concerning the legal landscape for NFTs moving forward.
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Cybersecurity Law & Strategy
Start-Ups, Cyber Attacks and Regulations
CLS Staff
A Q&A with Christina Gagnier, a Shareholder with Carlton Fields and President of the newly-launched privacy and cybersecurity consultancy CTRL, on the cyber issues specific to start-ups and small businesses.
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Cybersecurity Law & Strategy
Strategies to Improve Security and Optimize Your Technology Spend
Mike Henderson, Whitney Jones, and Bill Pitcairn
Uncertain and challenging markets are times when firms and organizations of all types conserve cash. If this can be achieved without cutting needed projects, equipment or services to ensure successful returns to the office, then this is clearly an ideal financial strategy. In fact, leasing and financing not only helps firms conserve cash, but when done right, helps firms also maximize their IT budgets.
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Cybersecurity Law & Strategy
AI Regulation in the U.S.: What’s Coming, and What Companies Need to Do In 2023
Kim Peretti, Dan Felz and Alysa Austin
Part One of a Two-Part Article
Despite the steady growth of global AI adoption, there is no comprehensive federal legislation on AI in the United States. Instead, the U.S. has a patchwork of various current and proposed AI regulatory frameworks. It is critical for organizations looking to harness this novel technology to understand these frameworks and to prepare to operate in compliance with them.
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Cybersecurity Law & Strategy
Best Practices in Second Request Document Review: How to Execute An E-discovery-Based Plan
Jessica Robinson and Amit Dungarani
Part 2 of a Two-Part Article
Part 1 of this article discussed approaches to managing second requests using core project management principles that allow you to control the timeliness, cost, and quality of your organization’s response. This follow-up looks at the pragmatics of strategizing and executing a successful plan.
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Cybersecurity Law & Strategy
The Increasing Challenges of Verification on Social Media
Christine Au-Yeung and Chidera Dawodu
The recent flurry of online impersonators, ranging from accounts posing as President Joe Biden to the pharmaceutical company Eli Lilly, exposes the challenges of social media platforms’ verification and authentication processes. These events show that monitoring and policing trademark infringements and right of publicity violations can be increasingly difficult in the social media context.
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Cybersecurity Law & Strategy
Successful Hybrid Plans Offer ‘Best of Both Worlds’
Anthony Davies
We're seeing is a variety of successful measures that are designed to help attorneys get what they want: a best-of-both worlds scenario where they keep some work-from-home and fold-in an opportunity to intentionally connect and collaborate with colleagues in the office.
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Cybersecurity Law & Strategy
The Future of AI Is More Ironman than Terminator
Cat Casey
Many fear cyborgs stealing corner offices from rainmakers, that the future will be Robolawyers instead of humans. The reality is that the most powerful AI today, when applied to complex areas like legal, is more reliant on human interaction, not less.
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Cybersecurity Law & Strategy
U.S. Supreme Court Will Hear Political Football Section 230 Case — Why This One?
Bruce Heiman
The Supreme Court has decided in the context of national security to consider the parameters of, and possible limits to, “Section 230” liability protections for social media companies. The question is why this case? The Supreme Court has decided to accept a case that, while sounding narrow and technical, actually goes to the heart of the way many Internet platforms operate — algorithmic targeted content recommendations.
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Cybersecurity Law & Strategy
Legal Tech: The Attorney-Client Privilege Purpose Requirement and E-Discovery
Kelly Lavelle
On Jan. 9, the U.S. Supreme Court heard oral argument on whether the attorney-client privilege protects against disclosure of dual-purpose communications — where the communications contain both legal and nonlegal advice.
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Cybersecurity Law & Strategy
Live Webinar: The Crypto Landscape Post-FTX
CLS Staff
On Feb. 15 at 4 p.m. ET, Cybersecurity Law & Strategy will present a complimentary live webinar titled “The Crypto Landscape Post-FTX.” The presentation will cover the current status and near-future outlook for the blockchain (crypto) sector.
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Cybersecurity Law & Strategy
Typically Uncommon: Defending Class Action Certification in Data Breach Litigation
Brian E. Middlebrook, Tyrik Jiang, John T. Mills and Joseph Salvo
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant’s breach of any purported duty of care, and whether the defendant’s alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is “what is the value, if any, of your injury or damages?”
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Cybersecurity Law & Strategy
A Legal CIO’s Guide to Technology Procurement In 2023
Ted Theodoropoulos
For a legal CIO, one of the key responsibilities is to establish that the organization has the right technology in place to support its operations and achieve its business goals. This can be challenging, as there are many factors to consider when choosing new technology for your organization. One bad decision can have a material impact on not only the bottom line, but on the ability of your firm to compete in an ever-changing legal market.
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Cybersecurity Law & Strategy
Best Practices In Second Request Document Review: Eliminating the Fear Factor
Jessica Robinson and Amit Dungarani
Part One of a Two-Part Article: Challenges and solutions in document review
HSR second requests have become increasingly common in mergers or acquisitions that meet the premerger reporting threshold, which in 2022 was a transaction value of more than $101 million. The burdens of complying with second requests are onerous. The mere thought of undergoing such an exercise tends to strike fear in the heart of the legal department. In this article series, we’ll outline the major challenges of second requests, suggest strategies to overcome them, and discuss how to face a second request with equanimity and confidence.
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Cybersecurity Law & Strategy
Innovating Hybrid: Empathy and Iteration
Alaa Pasha
Recognizing that this is a time of innovation, one way law firms can ‘prepare for a future we can’t yet see’ is through leveraging two key levers: the need for empathy and iteration.
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Cybersecurity Law & Strategy
What’s In Store for the Blockchain Industry In 2023?
Chris Sloan and Justin Daniels
The FTX bankruptcy caps a very difficult 2022 for the entire blockchain industry, spanning exchanges to decentralized finance to non-fungible tokens (NFTs). Blockchain and crypto skeptics are shouting “I told you so,” while investors watch billions of investment dollars evaporate under the harsh light of the bankruptcies of Celsius, Compute North and now FTX.
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Cybersecurity Law & Strategy
Is Asking E-Discovery Vendors for Indemnification for Data Breaches Provide Security of Clients’ Data?
Cassandre Coyer
Threats of cyberattacks have not only made legal professionals more wary — especially as legal teams in firms and in-house are increasingly the target of cyber hackers — but it has also changed their relationship with vendors.
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Cybersecurity Law & Strategy
Privilege Logs: Strategy, Best Practices and Practical Advice
Bansri McCarthy, Leonard Impagliazzo and Tara Lawler
This article provides an overview of the different types of privilege logs, lays out best practices for negotiating ESI or privilege-log protocols, and discusses other issues that can occur with privilege logs in e-discovery.
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Cybersecurity Law & Strategy
Data Minimization Meets Defensible Disposition: Just Say No to ROT and Over-Retention of Personal Information
Martin Tully and Nick Snavely
Like a good diet and regular exercise for the body, data minimization and routine, defensible purging of outmoded documents are essential to maintaining healthy organizational information hygiene.
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Cybersecurity Law & Strategy
Leaning on Trusted Partners to Drive Legal Tech Adoption and Avoid Failed Implementation
Mark Wilcox
Turning to familiar, trusted partners to help navigate the unruly waters of change management, adoption and an ocean of new legal technology options.
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Cybersecurity Law & Strategy
FTX Bankruptcy Sends Tremors Through Crypto Regulation
Steven Salkin
The sudden and spectacular crash of crypto-exchange FTX will send long-lasting tremors through both the nation’s financial regulatory and bankruptcy landscapes.
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Cybersecurity Law & Strategy
Attorneys Can Have Their (Hybrid) Cake and Eat It, Too
AshLea Allberry
Lawyers, especially young lawyers, want to work from home. But there are downsides, such as a decrease in networking and personal relationships. How can technology help balance these out so that attorneys and law firms can have their cake and eat it too.
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Cybersecurity Law & Strategy
Online Harassment In the Workplace
Jonathan Bick
As businesses expand their use of augmented reality games for the purpose of meeting and recruitment, internet harassment has become more prominent, particularly workplace sexual harassment.
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Cybersecurity Law & Strategy
A New Stage for Online Copyright Infringement Disputes
Robert E. Browne and Michael D. Hobbs
Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.
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