Features
Data Rights, Data Duties, & Data Risks: The American Data Privacy and Protection Act
While the ADPPA represents compromises between Democratic and Republican leadership of the U.S. Senate and House of Representatives, particularly around the thorny issues of state law preemption and private rights of action, there are other legislative and big tech industry players pushing their own agendas for comprehensive national data privacy and security frameworks.
Features
Not Just Your Same Old Privacy Legislation: A Compliance Briefing for Privacy Officers on the New Canadian Consumer Privacy Protection Act
Part One In a Series This article, which reviews the Canadian Consumer Privacy Protection Act, first seeks to identify the delta between the Act and PIPEDA in order to allow privacy officers of organizations that are already PIPEDA compliant to identify the net new compliance requirements under the Act and second, to highlight the provisions of the Act which, if breached, could lead to the imposition of significant fines.
Features
Data Privacy and Security Considerations for Mobile Health App Developers and Their Counsel
In light of the evolving legal and regulatory landscape, app developers and their counsel should examine developers' privacy and security practices and take steps to safeguard sensitive data related to reproductive health.
Features
California's Latest Privacy Rulemaking Proposes Further Obligations for Businesses
While the the California Privacy Protection Agency kicked some of the more difficult issues down the road for further consideration, its first draft of proposed Regs is quite comprehensive with respect to the issues addressed. The authority for some of what is proposed is questionable and will likely be challenged in comments, if not judicial action, if such provisions become final.
Features
Proactively Tackling Unstructured Data Can Give Competitive Advantage
Unstructured data comprises 80% of total data volume for legal organizations, which means that on average, only one-fifth of the entirety of the data set is properly secured and actively managed. Although some believe that ignoring unstructured data establishes plausible deniability that relinquishes them from culpability when a breach occurs, it's an untenable position from both a regulatory and brand reputational perspective.
Features
Cloud-Based Discovery Is at Critical Mass: A Practical Approach
Part Two of a Two-Part Series Cloud technology use in discovery is inevitable. Fortunately, one of the inherent benefits of cloud discovery platforms is the ability to spin up a proof of concept matter quickly to get your feet wet. This article provides a practical approach to making sure you're ready for the cloud when the time comes.
Features
Online Accessibility and SEO
How can you make your user experience the best it can be for all potential clients, and lead with empathy and equity as you demonstrate your knowledge? That's where your law firm's SEO strategy comes into play.
Features
Traditional Legal Ops Putting Law Firms At Disadvantage When Recruiting for Cybersecurity and Privacy
Law firms are still insisting on engaging with clients in the traditional legal model — by hours billed. Whereas cybersecurity services such as breach monitoring have the potential for a much deeper and stickier relationship with the client.
Features
Dealing With Deleted, Unsent and Edited ESI
While text messages and email have the appearance of reliability, technological advances have, over time, rendered many digital communications less static and more open to manipulation.
Features
How to Manage 6 Risks Affecting Cybersecurity for Law Firms
Cybercriminals are increasingly targeting law firms; extortion is quickly realized, given the nature of highly confidential client data. The digital footprint of law firms is constantly expanding, leading to more entrances to a firm's network infrastructure, which is a direct gateway to data.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
