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Cybersecurity Law & Strategy
Cybersecurity In the Legal Space: Is Your Organization Prepared?
Sundhar Rajan
Organizations that continue to be complacent about data security ignore the considerable risks posed by a breach: extended downtime, loss of billable hours, destruction or loss of sensitive data and work product, and the potentially catastrophic costs associated with repairing the damage — both to their technology infrastructure and to their reputation and brand.
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Cybersecurity Law & Strategy
GDPR & CCPA Are Just the Beginning
Karen A. Schuler
How Middle Market Companies Can Shore Up Their Data Privacy
The most significant overhaul to the EU’s data privacy policies in over 20 years, with extraterritorial reach, forced American businesses to remediate, and in some cases, overhaul their data privacy governance programs. But the GPDR was just the beginning. Organizations seeking compliance with the growing number of data privacy regulations will need to remain vigilant, especially for organizations that rely heavily on personal data.
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Cybersecurity Law & Strategy
The State of the U.S. Privacy Job Market, 2019: Part Two
Jared Coseglia
A Reflection on the Year Behind, the Years Ahead, and Why Privacy Means So Much to Us
Part Two of a Two-Part Article
Part two of The State of the U.S. Privacy Job Market, 2019 will outline what is happening within service providers, consultancies, and vendors will touch briefly on government agencies and will predict the near-future state of the U.S. privacy job market.
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Cybersecurity Law & Strategy
Legal Tech: Summer 2019 E-Discovery Case Law Review
Mike Hamilton
A review of recent cases involving e-discovery.
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Cybersecurity Law & Strategy
Legal Tech: Litigation Support, E-discovery and the Recovery of Costs
Nathan Curtis
The Data Explosion vs. Recovery Model Stagnation
For law firms, the pace of exponential growth of data is a substantial problem — mainly due to the fact that the law firm business model of processing, hosting and storing this avalanche of client data, however, has not evolved as quickly as the data itself.
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Cybersecurity Law & Strategy
Legal Tech: What GCs Want from Legal Technology
Gina Passarella Cipriani and Zach Warren
Legal Tech Companies Have to Get Out of Their Own Way In Vying for Law Department Adoption
The legal technology industry has some significant hurdles to overcome in its increased push to sell into legal departments, general counsel say, admitting they themselves are part of the problem.
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Cybersecurity Law & Strategy
It’s Time to Take Third-Party Risk Seriously
Mark Sangster
The use of new technologies such as the Internet of Things (IoT), mobile and cloud by vendors add to the question: Where is my data, and how can I protect it when it is in someone else’s hands? In the hustle and bustle of daily business, third parties often become the overlooked or unwitting accomplice in criminal activities.
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Cybersecurity Law & Strategy
The State of the U.S. Privacy Job Market, 2019
A Reflection on the Year Behind, the Years Ahead and Why Privacy Means So Much to Us
Part One of a Two-Part Article
In just over a year since GDPR Day, privacy by design has made privacy as a profession one of the fastest growing and hottest verticals in and outside of the legal job market.
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Cybersecurity Law & Strategy
Legislative Heat Wave: A Mid-Year Review of Upcoming Cybersecurity Laws and Enforcement Activity
Michael Bahar, Sarah Paul, Mary Jane Wilson-Bilik and Ali Jessani
While legislation to enhance data privacy rights and obligations continue to make headlines, regulators and legislators are also stepping up their cybersecurity expectations. In the first half of 2019, a number of states have updated their existing data breach notification laws and passed new cybersecurity requirements.
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Cybersecurity Law & Strategy
How to Keep Mobile Data Safe: The Case for On-Device AI
Gevorg Karapetyan
Bring Your Own Device is one of the biggest compliance-related issues companies face today, and when it comes to security risks, law firms are prime targets. Considering law firms are built on their reputation, firms must make every assurance that the technology they use will protect their data.
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Cybersecurity Law & Strategy
Cybersecurity Spending on the Rise in 2019
Debra Frank Montero
As data security challenges continue to escalate, many law firms and corporate legal departments are upping their efforts to strengthen cyber defenses and minimize risks.
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Cybersecurity Law & Strategy
SHIELD Act Signed in NY
F. Paul Greene
Defines Data Breach and Requires Data Security Controls
New York has brought itself into line with a number of states concerning how they define a data breach, and, where applicable, what substantive security controls they require.
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Cybersecurity Law & Strategy
Just Say No to Hackers
Frank Ready
Conference of Mayors Resolution Calls for Cities Not to Pay Ransomware
The underlying logic is pretty straightforward: if bad actors realize that there’s no longer any cash waiting for them at the end of the rainbow, they’ll eventually pack up their ball and go home.
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Cybersecurity Law & Strategy
EU Court Rules Adding Facebook ‘Like’ Button Triggers GDPR Data Collection Obligation
Caroline Spiezio
Websites with embedded Facebook “like” buttons must inform users their data will be collected and processed by the social media giant, the Court of Justice of the European Union has ruled.
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Cybersecurity Law & Strategy
Legal Tech: Smart Speakers and E-Discovery
Brian Schrader
For businesses that own such a device, or for individual employees who might have a personally owned one on their office desk, the question of who owns any recorded data remains murky.
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Cybersecurity Law & Strategy
5 Quick and Easy Ways to Hack Your Business Development
Ari Kaplan
The most popular justification for avoiding business-development activities is a lack of time. There are, however, a number of strategies that will allow you to execute and produce results in minutes — or even seconds.
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Cybersecurity Law & Strategy
Legal Tech: How E-Discovery Trends Are Reshaping E-Discovery Teams
Nishad Shevde
E-discovery, as an industry, is once again at an inflection point. What are the big trends that are exerting pressure on e-discovery teams today — and more importantly, what will an effective e-discovery team look like in the coming years?
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Cybersecurity Law & Strategy
Fourth Quarter Educational Events to Stay on Track
Nina Cunningham
A review of upcoming programs and events that bring together many of the most active professionals in the field and its various branches.
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Cybersecurity Law & Strategy
When Key Employees Quit: 5 Things You Must Do to Keep Control of Critical Data
Michael Ciaramitaro and Sarah Brown
Losing a key employee is never easy — they often take with them institutional knowledge, great internal and external relationships, and critical skill sets. There is also a risk that they’ll take some information or data with them when they go, either inadvertently or on purpose.
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Cybersecurity Law & Strategy
Training Machines to Speak Legalese: The Perils and Promise of AI in Law
Serena Wellen
When AI is deployed appropriately with proper oversight, it helps us make connections we couldn’t see before, leading us to new legal and business insights. But teaching machines how to interpret “legalese” is nearly as challenging as the task it is trying to solve.
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Business Crimes Bulletin
Are Companies Playing It Too Safe With GDPR Breach Reporting?
Frank Ready
A new report from the law firm of Pinsent Masons shows that there has been a high level of GDPR "over-reporting" at the U.K.'s Information Commissioner's Office, but organizations who may think they are playing it safe may actually be opening themselves up to further regulatory scrutiny.
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Cybersecurity Law & Strategy
Electronic Signatures: Legal and Practical Considerations for E-Signing on the Virtual Dotted Line
Anthony J. Diana and David G. Krone
In assessing whether or how to employ e-signatures, particularly in higher risk transactions, organizations should be careful to manage the practical issues and potential legal complexities associated with e-signatures through careful assessment and a robust governance program.
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Cybersecurity Law & Strategy
Clients Drive Information Governance: Payment Tied to Guideline Compliance
Stephen Cole
To comply with the data side of the Outside Counsel Guidelines, firms must have a clear information governance strategy for which the firm’s use of technology systems is foundational.
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Cybersecurity Law & Strategy
Legal Tech: Spring 2019 E-Discovery Case Law Review
Mike Hamilton
The amendments to the Federal Rules of Civil Procedure in 2015 intended to clarify some of the ambiguities that caused inconsistent rulings in e-discovery matters. One such amendment was to Rule 37(e), which seemed to indicate that courts would not levee punitive sanctions without establishing “intent to deprive.” Despite this language, though, courts continue rely on their inherent authority to issue sanctions, meaning organizations must take their preservation obligations seriously.
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Cybersecurity Law & Strategy
Expanding Your Digital Strategy with RPA
Arup Das
Beyond improving efficiency, new advancements in Robotic Process Automation, or RPA, are helping lawyers do more billable work without hiring more people.
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Cybersecurity Law & Strategy
2 U.S. Law Firms Among Cybercrime Victims
Patrick Smith
Because They Often Possess Valuable Information on a Variety of Companies and Individuals, Law Offices Continue to Be a Favorite Target for Hackers
The DOJ said that two U.S.-based law firms were among the victims of a “complex transnational organized cyber-crime network” that has been taken down.
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Cybersecurity Law & Strategy
EU E-Commerce Proposal Aims to Eliminate Barriers; Calls for E-Signatures and Net Neutrality
Simon Taylor
The European Union has put forth an ambitious proposal for how countries can eliminate barriers to e-commerce and protect businesses and consumers engaged in online transactions. But parts of the proposal, published as part of a World Trade Organization initiative that includes the U.S. and China, are likely to face opposition.
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Cybersecurity Law & Strategy
Companies Poised To Repeat Data Privacy Compliance Mistakes
Phillip Bantz
New Study Shows U.S. Companies Are Taking the Same Failed Approach To Complying With California’s Privacy Regulation As They Did for GDPR
U.S. companies haven’t learned much from the missteps they made while preparing for the European Union’s General Data Protection Regulation (GDPR), suggests a new study on data privacy regulation compliance.
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Cybersecurity Law & Strategy
State Report: New NJ Data Breach Notification Legislation Signed
Suzette Parmley
Legislation expanding the types of personal data that will trigger a required notification to customers in case of a breach, including email addresses and passwords, was signed into law by Gov. Phil Murphy.
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Cybersecurity Law & Strategy
State Report: NY Creates Nation’s First Regulatory Cybersecurity Division
Dan M. Clark
New York’s financial regulatory agency has created a first-in-the-nation cybersecurity division to place special focus on protecting the state’s consumers and industries from digital threats.
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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
The Nice-to-Haves and Need-to-Haves of Cloud Computing
Michael Smith and Mike Paul
This article discusses what to look for in a cloud service provider and other issues that will help determine if moving to the cloud is the right move for your firm.
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Cybersecurity Law & Strategy
IP Theft Goes Far Beyond the Huawei Scandal: How to Stay Safe
Ilia Sotnikov
IP theft is not limited to kingpins of business. Even if your organization has never appeared in the headlines, you cannot rest easy that no one is interested in acquiring your know-how. In fact, analysis the results of our survey for the 2018 Netwrix IT Risks Report reveals that small and medium organizations are actually more vulnerable to IP theft and cyber espionage than enterprises.
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Cybersecurity Law & Strategy
Data Security Ethics and Best Practices for Court Reporters
Andy Fredericks
The issue of digital security and privacy should be a paramount concern to modern court reporters just as it is to their attorney clients. Yet their biggest risk remains the same as everyone else’s: believing it won’t happen to them.
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Cybersecurity Law & Strategy
The Eyes (and Privacy Laws) of Texas Are Upon You
Eric Levy
Consistent With the Cliché That “Everything’s Bigger In Texas,” the Texas Legislature Has Introduced Not One, But Two Separate Bills Relating to the Privacy of Personal Information
The TPPA is arguably the less onerous of the two bills, although you might not necessarily realize it at first blush, given the broad way it defines “personal identifying information” (PII).
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Cybersecurity Law & Strategy
Safeguarding Client Data: An Attorney’s Duty to Provide ‘Reasonable’ Security
David G. Ries
Effective cybersecurity requires an ongoing, risk-based, comprehensive process that addresses people, policies and procedures, and technology, including training. Effective security also requires an understanding that security is everyone’s responsibility and constant security awareness by all users of technology.
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Cybersecurity Law & Strategy
New York’s Cyber Regulation Two Years Later: We’ve Only Just Begun
Craig A. Newman and Kade N. Olsen
The Conclusion of the “Transitional Period” for New York’s Cybersecurity Regulation Marks the Beginning, Rather Than the End, of an Organization’s Compliance Efforts
Financial institutions will have to certify annually that their internal controls and cybersecurity practices remain up to snuff. And now that the transitional periods for implementing the cyber regulation have passed, covered institutions will need to certify that they have complied with each provision.
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Cybersecurity Law & Strategy
Legal Tech: The 2019 EDRM TAR Guidelines — Recognizing the Evolving Role of the Subject Matter Expert
Erin Baksa
After reading the new Technology Assisted Review (TAR) Guidelines from EDRM, it is clear that the evolution of the underlying technology in TAR solutions is reshaping the role of the subject matter expert (SME).
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Entertainment Law & Finance
Getting Ready for Wide-Ranging Reach of California’s Data Privacy Law
Samuel Cullari and Alexis Cocco
The CCPA is the first of its kind, generally applicable data protection law in the United States. What makes the CCPA unique is not only its applicability to companies like those in the entertainment and media industries, but also the rights it provides to consumers regarding their personal information (PI).
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Cybersecurity Law & Strategy
E-discovery and Beyond: Facing Change in the Age of AI
Steve Salkin
A Roundtable Discussion
Experts share their experience and insight on the evolving acceptance and use of AI and advanced analytics tools for e-discovery — and beyond.
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Cybersecurity Law & Strategy
Is Cyber-Risk Insurable?
Nina Cunningham
In an environment of moving targets, it seems unimaginable that insurance against cybersecurity attacks can be robust enough to provide real protection. There are many types of risks involved, and some include physical damage to property.
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Cybersecurity Law & Strategy
The Principles of Good Cyber Risk Management
Ankur Sheth and Jano Bermudes
Apart from headline grabbing attacks, we are now seeing an epidemic of cyber attacks. Concern has shifted from dealing with data being stolen and sold on the dark Web to handling serious ransomware and destructive attacks, where attackers are looking for immediate monetary output.
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Cybersecurity Law & Strategy
Will the EU-Japan Data Transfer Partnership Agreement Have Global Influence?
Samantha Green
With countries around the world examining and strengthening their data protection laws, this agreement could be the first of many and will undoubtedly have global repercussions.
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Cybersecurity Law & Strategy
Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble
Jenna Greene
A would-be class action against Barnes & Noble could have cost the bookseller hundreds of millions of dollars — not to mention a reputational hit for allegedly sharing private information about its customers’ online video purchases with Facebook.
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Cybersecurity Law & Strategy
Privacy Notices, Opt-In Clauses Debated as U.S. Regulators Shape Federal Privacy Law
Caroline Spiezio
Tech giants’ privacy counsel and U.S. senators discussed opt-in policies, lengthy, legalese-filled privacy notices and location tracking. The discussion aimed to further shape a potential U.S. federal data privacy law.
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Cybersecurity Law & Strategy
Legal Tech -- Behind the Tech: Client-Centric Innovation: The Evolution of the Casepoint Platform
Vishal Rajpara
One In a Continuing Series of Articles Looking At Legal Tech Innovation and the Story Behind It
In seeing clients’ pain-points and becoming intimately engaged with their internal processes, my colleagues and I resolved to address a problem that many of our clients may not have even known they could fix. Our overriding goal from the outset was to fill the efficiency void that was so obvious in all of the feedback we were receiving from clients across the board by developing a fully integrated, end-to-end legal workflow platform.
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Cybersecurity Law & Strategy
On the Same Page: Blockchain for the Advertising Industry
Laura Jehl, Robert Musiala, Linda Goldstein, Fernando Bohorquez and Amy Mudge
While inflated expectations abound, the advertising industry is emerging as one of the more immediate, substantive and compelling use cases for blockchain technology.
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Cybersecurity Law & Strategy
The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and Opportunities
Thomas McThenia and Richard Markow
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
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Cybersecurity Law & Strategy
Know Your Tech
Michael Bahar and Kristen Bertch
Technologies are often pitched as solutions, if not game-changing solutions. Indeed, many times they are, but no solution comes without the seeds of its own costs and challenges. For pragmatic and regulatory compliance reasons, it is increasingly important for boards, senior executives and general counsel to sufficiently understand technologies, not just their potential promise.
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Cybersecurity Law & Strategy
A Survey of Proposed Federal Privacy Legislation and the Year Ahead
Jeffrey Atteberry
The social, economic, and political forces pushing for a comprehensive overhaul of the nation’s privacy regime are numerous, and many see 2019 as presenting the best opportunity yet for passage of federal data privacy legislation.
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