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Cybersecurity Law & Strategy
The Importance of Cyber Vigilance: Control Liability and Litigation Exposure
Brandon Hollinder
This article covers cyber trends and tips for organizations to explore in order to be better equipped to anticipate and respond to cyber incidents before a devastating breach occurs. The outcome? Diminished chance of class action activity, compliance violations, lost business, and mounting costs.
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Cybersecurity Law & Strategy
Fighting Cybercrime With Cyberaccounting
Sharon L. Levin and Bruce DeGrazia
As cybercrime intensifies, it is revealing a skills shortfall among those who defend our financial infrastructure. It has become critically clear that we need to radically rethink the way we prepare our frontline defense to include more experts with both technical savvy and accounting expertise. In other words, we need an army of cyber accountants.
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Cybersecurity Law & Strategy
Experience Management: Platform vs. Best of Breed
Jason Noble
Should your firm buy into a platform and capitalize on those efficiencies and integrations, or should you go “best of breed,” seeking out the best solutions for each business problem your firm is trying to solve with technology and create integrations where needed? Here are some thoughts on the platform versus best of breed paths when it comes to experience management.
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Cybersecurity Law & Strategy
Next On AI’s Agenda, Regulatory Scrutiny
Gretchen L. Jankowski and Abigail L. Cessna
While some jurisdictions are enacting or proposing AI-specific regulation, many existing regulatory frameworks apply to new technologies, including antitrust. Companies may experience different potential antitrust risks depending on the type of AI technology and their use of that technology.
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Cybersecurity Law & Strategy
United Kingdom Approves Online Safety Bill; Making Social Media Companies Responsible
Peter Brown
The United Kingdom's Online Safety Bill makes social media companies responsible to prevent and remove illegal or dangerous content, including posts relating to terrorism, child exploitation, hate crimes or fraud.
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Cybersecurity Law & Strategy
New Jersey Looks to Other States In Enacting Data Privacy Legislation
John T. Wolak and William C. Martinez
At this juncture New Jersey stands at a crossroad, with the Legislature facing important choices on the scope and terms of comprehensive privacy legislation that will have a dramatic impact on business operations as well as the individual rights of New Jersey residents.
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Cybersecurity Law & Strategy
Turning the Tables: Ransomware Actor Files Complaint With the SEC Against Victim for Failing to Timely Disclose Cyberattack
Mason Lawlor
Ransomware operation AlphV/BlackCat has filed a SEC complaint against one of its alleged victims, MeridianLink, for allegedly failing to comply with the four-day rule to disclose a cyberattack.
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Cybersecurity Law & Strategy
In Case You Missed It: AI Ethics, Algorithms and Other Takeaways from the First-Ever IAPP AI Conference
Isha Marathe
The conference’s panels and keynotes looked to connect the dots between the tools governments and individuals have in the age of AI to protect themselves — and the tools they will need to develop.
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Accounting And Financial Planning For Law Firms
Cyberaccountants Offer a New Line of Defense Against Digital Disruption
Sharon L. Levin and Bruce DeGrazia
As cybercrime intensifies, it is revealing a skills shortfall among those who defend our financial infrastructure. It has become critically clear that we need to radically rethink the way we prepare our frontline defense to include more experts with both technical savvy and accounting expertise. In other words, we need an army of cyberaccountants.
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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
Happy Anniversary ChatGPT! Leveraging Generative Artificial Intelligence in Your Law Firm Practice One Year into this Disruptive Technology Phenomenon
Joy Holley
While the societal impact of technology is not a new concept, GenAI stands out due to its accessibility to the public and its profound influence on knowledge-based industries like law. In addition to boosting efficiency and productivity, GenAI’s new technological capabilities hold the promise of empowering lawyers to offer more precise and insightful guidance to their clients.
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Cybersecurity Law & Strategy
Testimonial Evidence Technology Is Transforming the Litigation Landscape
Michael T. Murray and Tony Donofrio
Managing and presenting testimony are changing a lot these days thanks to new technology. Some of the innovations lawyers are using to handle depositions, witness statements, exhibits and other evidence more efficiently and persuasively will alter the way matters are handled for the foreseeable future.
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Cybersecurity Law & Strategy
AI and Law Practice: A Roadmap for Success In Modern Legal Firms, Part 2
Melissa “Rogo” Rogozinski and Steve Salkin
Part Two of a Two-Part Article
A report on the September panel discussion sponsored by the Miami Dade Bar Association Law and Technology Committee, on AI and how to effectively use it in law firms.
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Cybersecurity Law & Strategy
Sports Memorabilia NFTs Bring Web of Rights to Negotiate for Athletes, Agents
Andrew Dana
An inside look at the jungle of rights, including insights from a top racetrack executive, on the use of NFTs. We also lay out some practical tips for athletes, agents, and attorneys on how to navigate the digital sports memorabilia landscape, including in contract negotiations and disputes.
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Cybersecurity Law & Strategy
Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective
Amir Kashani, Xuechen (Rebecca) Ding and Aseet Patel
Part Two of a Two-Part Article
In Part One, we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM’s patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we will analyze the claims made in the IBM v. Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.
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Cybersecurity Law & Strategy
Emojis in the Workplace: Innocent Fun or Discovery Hazard?
Jessica Lee and Matt Jackson
Emojis can be equally troublesome in any type of business legal case. How are your employees using emojis in text messaging? Awareness can be an important part of risk reduction. We have compiled here a few case law examples where the use of emojis in business communications had surprising legal ramifications.
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Cybersecurity Law & Strategy
WEBINAR: AI & Intellectual Property
Cybersecurity Law & Strategy Staff
Owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement. Join LJN for a free webinar on Nov. 9.
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Cybersecurity Law & Strategy
Cloud Marketplace: Stretch Your IT Budget by Partnering with Legal
Shannon Smith
By leveraging cloud marketplace solutions, the IT department can help the corporate legal department — and the business as a whole — get more from its software budget.
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Cybersecurity Law & Strategy
Practice Makes Almost Perfect: Test Your Incident Response Plan With Simulated Cyber Tabletop Games
Brandon Hollinder
more businesses are facing legal actions alleging improper preparation to avoid and/or respond to a breach event. Arguably one of the best tools to assist in preparing for and avoiding some of the negative consequences of a cyber event is a tabletop simulation exercise.
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Cybersecurity Law & Strategy
Law Firm Hybrid Work Policies Are Evolving — And Growing Teeth
Anthony Davies
What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from “office optional,” to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
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Cybersecurity Law & Strategy
The Rise of AI-Generated Voice Deepfakes
Jeffrey N. Rosenthal
Several tech companies are making strides training speech recognition tools to mimic the speaker’s voice. And while this can improve user clarity and accessibility for those with physical limitations, there is another, more troubling trend: the prevalence of “voice deepfakes” — creating synthetic voices from unknowing (or unwilling) participants using generative artificial intelligence.
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Cybersecurity Law & Strategy
California Privacy Bill Could Upend the Way Data Brokers Do Business In the Golden State
Maria Dinzeo
A California privacy bill that will give consumers the power to delete their personal information through a single request may soon become law, and could upend the way data brokers, advertisers and publishers do business in the Golden State.
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Cybersecurity Law & Strategy
New U.S.-China Investment Dynamic Focuses On AI and Sensitive Technologies
David A. Holley
An Executive Order released by the Biden Administration on Aug. 9 places increased importance on due diligence when investing in specific foreign countries. The Executive Order will regulate outbound investments in China with a focus on key technologies critical to safeguarding U.S. national security, including artificial intelligence.
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Cybersecurity Law & Strategy
New York’s Latest Cybersecurity Commitment
Erik B. Weinick
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York’s inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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Cybersecurity Law & Strategy
The EU-U.S. Data Privacy Framework: Did Transferring Personal Data from the EU to the U.S. Just Get Easier?
Wim Nauwelaerts
Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.
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Cybersecurity Law & Strategy
10 Steps Legal Departments Should Be Taking to Prepare for the SEC’s Newly Adopted Cybersecurity Risk Governance Rule for Public Companies
Megan Silverman
By readying your company’s cybersecurity program now to comply with the SEC’s cyber rules, you will also arm your company with a better defense against cyberthreat actors, reduce the reputational harm that comes along with a cybersecurity incident and increase investor confidence in the company’s cybersecurity program.
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Cybersecurity Law & Strategy
Top Signs Your Firm Is In Need of Legal Analytics
Aria Nejad
As technology continues to advance, integrating legal analytics into the practice becomes not just a choice but a necessity for staying competitive and providing top-notch legal services in the modern legal landscape.
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Business Crimes Bulletin
DOJ Calls On Companies to Incorporate Data Analytics In Anti-Corruption Compliance Programs
Fotis Konstantinidis, Michael Pace and Jason Wright
This article explains the DOJ’s recent emphasis on robust data analytics in anti-corruption compliance programs, outlines how data analytics can and should be used in these programs, and suggests an approach to help legal counsel and companies determine if corporate programs will pass muster with the DOJ.
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Cybersecurity Law & Strategy
AI and Law Practice: A Roadmap for Success In Modern Legal Firms
Melissa “Rogo” Rogozinski and Steve Salkin
This article lays out a general roadmap for success in modern legal firms through the strategic incorporation of AI technologies.
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Cybersecurity Law & Strategy
Cryptocurrency Risk Is Not So Hidden
J. Eric Wise
Cryptocurrency exchanges and law together are an evolving space. As regulation of cryptocurrency advances, and case law and practice develops, more certainty around who holds what in a cryptocurrency exchange failure will develop. In the meantime, knowing the risks, and mitigating the risks where possible, is the prudent course of action for the cryptocurrency investor and trader.
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Cybersecurity Law & Strategy
Canada Leads In Crypto Regulations
Gail J. Cohen
FTX’s collapse pushed Canada’s already robust cryptocurrency regulations further, offering protection to consumers and stability for compliant platforms but resulting in some major global platforms quitting the country because they weren’t willing to comply.
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Cybersecurity Law & Strategy
National Cybersecurity Strategy: Potential Impacts to Consider
Daron Hartvigsen
What are the impacts to civil society and government if the plan works? We should consider that “collecting intelligence, imposing economic costs, enforcing the law, and, conducting disruptive actions” will work by some measure, and if so, the impacts to the cybersecurity ecosystem could be profound.
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Cybersecurity Law & Strategy
How Law Firms Can Avoid A Summer of Cyberattack Threats
Scott Kramer
Summer at law firms creates an attack surface of which hackers love to take advantage. Legal and support staff rotate through vacations and time off, new crops of interns unfamiliar with tech processes enter the fold, and the remaining employees are often burned out and too distracted to notice the critical signs of an impending cyberattack.
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Cybersecurity Law & Strategy
One Overlooked Element of Executive Safety: Data Privacy
Dimitri Shelest
Executives have access to some of the company’s most sensitive information, and they’re increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.
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Cybersecurity Law & Strategy
How Modern Law Firms Are Navigating Digital Transformation
Ari Kaplan
A new report emphasizes the connection between legal technology and law firm success, the importance of training to ensure technology adoption, the influence of automation and document management on digital transformation, and how law firms are deploying data to create a competitive advantage.
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Business Crimes Bulletin
Potential Legal Pitfalls for Public Companies Due to SEC’s New Cybersecurity Rules
Tommy Smith
Some 16 months after first proposing rules for public companies and investment advisors, the SEC adopted new rules, chief among them that public companies disclose material cybersecurity breaches to investors within four days.
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Cybersecurity Law & Strategy
AI-Generated Content, Deepfakes and New Data Push the Limits of Civil Procedure
Jerry Bui
How will traditional tools and techniques need to adapt to handle new data challenges that have never been encountered by digital forensics specialists or lawyers?
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Cybersecurity Law & Strategy
Automating Onboarding and Offboarding Is Key to Legal Industry Transformation
Harold Westervelt
Automate Onboarding & Offboarding Processes for Smoother Transitions
Questions about the role of AI in the legal market continue to dominate current headlines, but firm consolidation remains a big part of the transformation the industry is undergoing. And yes, technology and automation are playing key parts in this. As firms merge or acquire others to expand their capabilities and client base, a streamlined approach to attorney onboarding and offboarding has become essential.
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Cybersecurity Law & Strategy
Cool Your (Data) Jets! Reducing Your Organization’s Carbon Footprint with a Data Retention Policy
Greg Moreman
Despite great strides toward better-for-the-world operating procedures, companies might be surprised to learn that they’re likely overlooking one area of their business that heavily contributes to its overall carbon footprint — data storage. That’s right: storing your company’s data generates emissions. And with the continuous increase in data volumes, the impact will likely only grow.
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Cybersecurity Law & Strategy
AI Is Coming To Microsoft 365: What You Need to Know
Ryan Hemmel
For those using Microsoft 365, AI tools are rapidly becoming a reality, as Microsoft has introduced and announced several applications with AI-driven components, including Microsoft Viva, Microsoft Teams Premium, and Microsoft Copilot.
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Cybersecurity Law & Strategy
The 5 Current Top Law Firm Business Development Trends
Heather McCullough
As firms strive to remain competitive in an increasingly crowded marketplace, marketing and business development professionals can and should play a critical role in driving growth and helping generate revenue.
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Cybersecurity Law & Strategy
Blazing Saddles or Blazing Trails: e-Discovery vs. Forensic Data Collection — Unraveling the Critical Differences
Ariyah Mandel
Attorneys interested in legal technology, data security and e-discovery must grasp the critical differences between two essential methodologies: e-discovery and digital forensics. This article delves into the contrasting features of these methodologies to help attorneys who engage with legal technology better understand the significance of these differences.
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Cybersecurity Law & Strategy
The Expanding Influence of Legal Operations: New Report Focuses on AI, CLM, and Law Department Transformation
Ari Kaplan
Operations leaders are driving efficiencies, helping manage the growth of data, and harnessing the power of digital transformation to fuel business success while minimizing risk. They are also taking on greater roles and helping general counsel shape strategies that include embracing CLM, AI, and other tools to enhance the way their teams work.
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Cybersecurity Law & Strategy
Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps
Jonathan B. New, Patrick T. Campbell, James A. Sherer and Luke E. Record
This article summarizes the DOJ’s recent guidance and the SEC’s enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators’ expectations and recordkeeping rules.
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Cybersecurity Law & Strategy
How the Supreme Court Saved the Internet from Itself: 'Gonzalez v. Google' and 'Twitter v. Taamneh'
Erick Franklund
The Internet is still standing, but the Supreme Court’s reasoning in theGonzalez opinion remains perplexing. Gonzalez and Taamneh are a story about how the Supreme Court “saved” the Internet from itself, and the Court needed both cases to do so.
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Cybersecurity Law & Strategy
A Lawyer’s System for Active Reading
Craig Tashman
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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Cybersecurity Law & Strategy
Tips for Quickly and Effectively Responding to and Handling a Data Breach
Tara Lawler and Gregory T. Malik
Data breaches have become a common occurrence, and any organization, regardless of location, size and industry, can be attacked. This article summarizes key steps and recommendations for responding to and handling a data breach quickly and effectively.
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Cybersecurity Law & Strategy
Florida’s New Data Privacy Bill Is an Outlier, Going Both Broad and Narrow
Cassandre Coyer
The Florida law, which will go into effect on July 1, 2024, positions itself as an outlier among other state data privacy regulations.
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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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