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LJN Quarterly Update: 2024 Q2
Steve Salkin
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
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Cybersecurity Law & Strategy
DOJ’s Cyber Fraud Initiative Is a Wake-Up Call That Keeps Ringing
Randy S. Grossman, Kareem A. Salem and Kayla LaRosa
The DOJ's Cyber-Fraud Initiative’s results and DOJ’s guidance on corporate compliance have made the point to government contractors and corporate America — “now is the time to invest and reinvest” in cybersecurity compliance.
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Cybersecurity Law & Strategy
The Legal Help Desk: Shifting Toward User Sentiment as the Primary Health Factor
Andrew Dober
Traditional metrics that once defined the effectiveness of help desk operations within law firms are undergoing a profound transformation. The new era places user sentiment and new delivery models at the forefront of service as a quicker “get back to work” mentality coupled with a technology-savvy generational shift. As a result, the gauges we use to measure customer satisfaction have changed and are shaping the overall future success of the legal tech support ecosystem.
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Cybersecurity Law & Strategy
The Perfect Storm: Why Contract Hiring Will Eclipse Direct Hiring In Privacy and Tech In 2024
Jared Coseglia
Part Two of a Two Part Article
Part 1 of this article looked at how remote flexibility is driving job seekers, that most privacy programs will use contractors by 2026, the speed of hire, the real cost of DIY staffing and whether posting jobs online really works. Part 2 looks at what’s next for CPOs, AI jobs in privacy, where the new jobs will come from, whose salaries are spiking and some guidance for the latter half of 2024.
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Cybersecurity Law & Strategy
Six Reasons e-Discovery Benefits from AI
Khaled Jebbari
Recent media coverage makes it clear that the time for law firms to embrace the disruption of AI is now. If you wait, from the looks of it, you risk losing business, and perhaps credibility.
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Cybersecurity Law & Strategy
New Blockchain Domain Developments for Brand Owners
John McElwaine
This article explores the issues associated with trademark protection in blockchain domain names and examines new steps and policies that blockchain domain registrars should implement to safeguard brand owners.
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Cybersecurity Law & Strategy
Colorado Emerges As Pioneer With Consumer AI Legislation
Coraleine J. Kitt
The Colorado AI Act, the first of its kind in the country, aims to reshape AI system deployment and development, setting a precedent for other jurisdictions.
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Cybersecurity Law & Strategy
User Privacy Issues In AI Applications
Peter Brown
Without specific legal guardrails, the use of AI tools must be approached with caution, especially with regard to privacy. This article addresses some of the issues that users and companies using AI applications should be considering in addressing the privacy of users and their transactions.
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Cybersecurity Law & Strategy
Pennsylvania Bar Issues Opinion On Ethical Use of AI
Daniel J. Siegel
Formal Opinion No. 2024-200 stands as the most detailed opinion issued by any Bar association to date, aiming to heighten ethical awareness and offer advice on addressing these issues. While aimed at Pennsylvania-licensed attorneys, the guidance is applicable to all lawyers everywhere.
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LJN Quarterly Update: 2024 Q1
LJN Editorial Staff
Highlights some of the in-depth analysis and insights from lawyers and other practice area experts from the nine LJN Newsletters titles over the first quarter of 2024.
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Cybersecurity Law & Strategy
Are You For Real? Dealing with the Proliferation of Deepfakes
Matt White
Notwithstanding the significant threats facing companies as a result of deepfake technology, there are several things companies can do to protect themselves and their employees from becoming the victim of a deepfake scam.
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Cybersecurity Law & Strategy
A Playbook for CRM Adoption
Kiara Hughes
Here’s the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.
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Cybersecurity Law & Strategy
7 Recommendations for Social Media Influencers and Companies to Protect Themselves Against Copyright Issues
Sushila Chanana and Tom Pardini
By understanding some of the risks posed by copyright law and by following the above recommendations, influencers and brands can protect their creative works and reputations and build a mutually beneficial partnership.
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Cybersecurity Law & Strategy
Compliance Requirements of CISA’s Proposed Cyber Incident Reporting Rule
Mark A. Berman, Jessica L. Copeland and Victoria M. Okraszewski
This article focuses on the requirements of CISA’s proposed cyber incident reporting rule, the compliance requirements for covered entities and the steps entities can take to protect themselves.
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Cybersecurity Law & Strategy
Protecting Privacy and Sensitive Data In Era of Neurotechnologies
Frances Green, Paul DeMuro and Eleanor Chung
Scientists have been collecting neural data from the brain for medical reasons for years, with myriad regulatory constraints in place. But in 2024, technologies are moving fast and furiously into the realm of consumer products.
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Cybersecurity Law & Strategy
Gen-AI Created Influencers Bring New Risks
Cynthia Cole, Alysha Preston and Inez Asante
A steep rise in the use of GenAI and computer-generated influencers brings with it new marketing risks and considerations for celebrities, influencers and businesses alike.
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Cybersecurity Law & Strategy
Big Law Looks To Influence Vendor-Developed AI
Justin Henry
In the AI edition of the classic “build versus buy” dilemma, some marquee firms have opted to leverage their position as the largest buyers of legal tech to influence vendor development of AI-powered services to suit their needs.
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Cybersecurity Law & Strategy
China Finalizes New Regulations to Relax Personal Data Exports from China
Lindsay Zhu, Scott Warren, Haowen Xu and Charmian Aw
Nearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.
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Cybersecurity Law & Strategy
The Perfect Storm: Why Contract Hiring In Privacy Will Eclipse Direct Hiring In 2024
Jared Coseglia
With significantly fewer fully remote positions available in 2023, active job seekers were faced with the question of whether to begin considering compromises on work-from-home flexibility or compromise in other areas like compensation, vertical mobility, quality of life, or employment modality.
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Cybersecurity Law & Strategy
Lessons for CISOs from the SolarWinds Breach and SEC Enforcement
Daniel Garrie, David Cass and Jennifer Deutsch
In an era where digital threats loom large, the responsibilities of Chief Information Security Officers have expanded beyond traditional IT security to encompass a broader governance, risk management, and compliance role. The infamous SolarWinds Corp. attack illustrates the complex cybersecurity landscape CISOs navigate.
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Cybersecurity Law & Strategy
Shielding Law Practices: Mitigating Vendor Risks to Safeguard Client Confidentiality
Brad Hibbert
Because vendors often access clients’ internal systems, customer data, and intellectual property, they will always be a magnet for hackers searching for valuable data. Bad actors will always look for the weak spots in a firm’s defenses, including those deployed by a firm’s vendors and other third parties. And signs point to a growing number of cyberattacks, not a lessening of them.
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Cybersecurity Law & Strategy
A Roadmap for Implementing Information Governance In Law Firms
Gregg Parker
In today's digital age, the volume of data generated and managed by law firms has skyrocketed, presenting both opportunities and challenges. Unfortunately, in parallel with this exponential growth in data, and partially as a direct result of it, law firms have also experienced a significant increase in targeted cyberattacks.
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Cybersecurity Law & Strategy
Navigating Custody and Control: Ownership of Smartphone Data and Enforcement of Usage Policies
Matthew Rasmussen
New regulations from the DOJ around the ownership and governance of company data on personal devices are catching up to the way the world actually works. It’s going to make companies’ lives a lot harder — and for precisely the same reason that smartphones have made their lives a lot easier.
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Cybersecurity Law & Strategy
Is Genetic Information the Next Privacy Battleground?
Jeffrey N. Rosenthal and Amanda M. Noonan
GIPA litigation remains in its early stages, but the possibility of exorbitant statutory damages could make GIPA the next major trend in privacy class action litigation.
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Cybersecurity Law & Strategy
New Federal Privacy Legislation Has Legitimate Shot At Passing
Maria Dinzeo
For years, the business community has been calling for a comprehensive federal privacy law, frustrated with operating under a patchwork of sometimes-conflicting state laws. Now, Congress is considering one that’s extremely wide-ranging and that observers say has a legitimate chance of passage.
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Accounting And Financial Planning For Law Firms
Crafting an Effective Roadmap for Implementing Information Governance In Law Firms
Gregg Parker
This article discusses why a robust IG program is critical to modern-day law firm operations, the complexities associated with crafting such a program, and what a high-level roadmap for implementing the program looks like.
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Business Crimes Bulletin
Navigating the SEC’s New Cybersecurity Disclosure Rules
Olivia J. Greer, Catherine Kim and Jeeyoon Chung
With the first cybersecurity rule for public companies, and the landscape of ongoing scrutiny and enforcement, SEC registrants should not lose time in reviewing their cybersecurity postures and policies to ensure compliance and, even ahead of formal adoption of certain still-pending rules, align with best practices.
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Commercial Leasing Law & Strategy
Proposed Cybersecurity Rule Could Affect Many CRE Landlords
Erik Sherman
Attacks on building systems could easily be deemed within the scope of the rule and real estate owners who lease to covered entities would likely have to quickly report cyber incidents within 72 hours and payments made after a ransomware attack within 24 hours.
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Cybersecurity Law & Strategy
Privacy Risk Management & Data Minimization
Therese Craparo and Sarah Bruno
Many organizations — from growing start-ups to mature, well-established companies — are struggling with the new reality of what it means to manage data in an era of digital transformation, exponential data growth, and expanding regulatory regimes focusing on data management and minimization.
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Cybersecurity Law & Strategy
Digital Dibs: Rival Views of Generative AI Copyrights
Greg Moreman
GAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape’s framework by posing a simple question: Who authored the material? We’ll explore how two countries are answering this question in different ways.
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Cybersecurity Law & Strategy
Empowering Legal Professionals: Navigating AI Solutions for Efficiency and Data Security
Michael T. Murray and Tony Donofrio
Integrating AI tools into legal practice without compromising the security of sensitive client information is a paramount concern. In this article, we’ll examine how AI is revolutionizing certain aspects of legal work, while offering best practices for employing these technologies and providing guidance for legal professionals in selecting the right AI products and service providers.
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Cybersecurity Law & Strategy
Pitfalls In Personal Device Data Collection
Marjorie Peerce and Marguerite O’Brien
The increasing frequency of “bring your own device” policies creates serious implications for subpoena recipients and litigants to ensure compliance with discovery demands. And courts across the country consider such personal mobile data fair game. To avoid pitfalls —and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
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Cybersecurity Law & Strategy
Washington My Health My Data Act FAQs: Data Subject Rights
Amy de La Lama and Andrea Rastelli
Like so many other features of the MHMDA, data subject rights are deceptively complicated and have the potential to create significant administrative hurdles to getting it right. In this article, we examine the tricky issues in our MHMDA FAQs and take a deep dive into data subject rights.
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Cybersecurity Law & Strategy
Programmers Liability for Alleged Rights Violations Caused By AI Software
Jonathan Bick
AI is designed to accomplish goals specified by and receive directions from a human being. Thus, it has been suggested that either direct or vicarious liability may be applied to hold the human programmer who wrote the software algorithms liable for the damages caused by the AI agent.
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Cybersecurity Law & Strategy
Determining Ownership Rights of Social Media Accounts
Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi
This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
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Cybersecurity Law & Strategy
What Employers Need to Know About Employee Privacy
Lisa Gingeleskie
Many employers struggle with not only identifying what is private protectable information, but also how to safeguard that information while also protecting the company’s own business interests. Given the increased costs of litigation, it is critical that employers understand their obligations under the law and how to strike a legally compliant balance between these competing interests.
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Cybersecurity Law & Strategy
Law Firms’ Pressing AI Questions
Cassandre Coyer
Most of the legal industry has by now boarded the generative artificial intelligence train, filling up conference sessions dedicated to the topic, testing new legal technology solutions and exploring the emerging legal questions that the technology will pose. But most of their questions about generative AI are still unanswered.
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Cybersecurity Law & Strategy
U.S. Regulators Lift the Curtain on Data Practices with Assessment, Reporting and Audit Requirements
Alan Friel, David Manek, Sasha Kiosse, David Farber and Colleen M. Yushchak
The assessment and audit requirements of the new generation of state data protection laws will force U.S. companies to move beyond mere window dressing and instead require them to develop fulsome data protection programs.
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Cybersecurity Law & Strategy
Artificial Intelligence Redefines Our Defense Against Cyber Threats
Roy Hadley
The cybersecurity landscape is on the brink of a transformative shift, with predictive analytics and behavioral analysis leading the charge for more resilient and adaptive defenses.
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Cybersecurity Law & Strategy
Deep Fake of CFO on Videocall Used to Defraud Company of $25M
Scott Warren
Hackers are using AI to sift large digital data to identify more convincing approaches for their scams as well as weaknesses in weaknesses in software coding or network security.
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Cybersecurity Law & Strategy
5 Expert Cybersecurity Steps to Take in 2024
Luke Tenery
As many CISOs and cyber teams think about the year ahead, and legal professionals consider the far-reaching consequences of cybersecurity, here is a checklist to help them prepare for the biggest cybersecurity trends to come.
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Cybersecurity Law & Strategy
Pennsylvania Court Hit With Cyberattack, But It Had a Plan
Daniel J. Siegel
Law firms have information that hackers want — Social Security numbers, financial data, personally identifiable information and more. It is therefore essential that firms plan for a possible breach. And when the breach occurs, have a plan.
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Cybersecurity Law & Strategy
FTC's ‘Click to Cancel’ Rule Could Cost $2.7 Billion for Businesses
Maydeen Merino
The FTC’s proposed click to cancel rule amendments would impose a one-time cost of $2.7 billion on businesses and have an annual effect on the national economy of at least $100 million, according to an economic report by the online advertising industry’s association.
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Cybersecurity Law & Strategy
All the News That’s Fit to Pinch: 'NYT v. OpenAI'
Jonathan Moskin and Rachel Pauley
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
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Cybersecurity Law & Strategy
To Benefit from Cyber Insurance Coverage in France, Don’t Forget to File a Complaint
Stéphanie Faber and Charles Helleputte
Since April 2023, French regulation makes the payment of insurance compensation in case of cyberattacks conditional on the filing of a complaint within a reduced time frame. This regulation has been enacted in the context of the French government decision to fight against the resurgence of cyberattacks, together with ransom demands, which have a significant impact on the economy.
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Cybersecurity Law & Strategy
Artificial Intelligence: A New Weapon of Insider Threats
Peter Collins
In the hands of a motivated insider with only average technical proficiency, AI becomes a uniquely effective tool with which to penetrate an organization’s complete security infrastructure for any number of malicious purposes.
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Cybersecurity Law & Strategy
‘Keyword Warrants’ Pose Privacy Threat
Logan Youngworth-Wright, Bowman Taylor and Rubin Sinins
The practice of seeking a "keyword warrant" is a technique of dragnet policing. A keyword warrant requires the production of all IP addresses for anyone who inputs a particular word or phrase into an internet search engine. The search results are then used to identify a device user.
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Cybersecurity Law & Strategy
FTC Revises Children’s Online Privacy Rule to Extend Parental Consent to Targeted Advertising
Chris O’Malley
The Federal Trade Commission in January provided more details on its proposed changes to the Children’s Online Privacy Protection Rule, underscoring the need for online operators to review and prepare to update their policies and procedures.
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Cybersecurity Law & Strategy
Third Circuit to Rule on TikTok’s Section 230 Immunity After Viral Stunt Turned Fatal
Avalon Zoppo
The U.S. Court of Appeals for the Third Circuit has been asked to decide whether TikTok’s “highly personalized” algorithm that feeds videos to users is considered first-party speech not immune from civil liability by Section 230 of the federal Communications Decency Act.
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Cybersecurity Law & Strategy
The EU AI Act Will Transform Practices for AI Governance In the U.S.
Dominique Shelton Leipzig
The EU AI Act solidifies one of the world’s first comprehensive attempts to bring governance to unlock innovation in AI. U.S. companies have asked, what exactly does this development mean for their businesses?
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