Features

Best Practices for Investigations In Remote Environments
With regulatory and investigations activity expected to pick up significantly in the coming year, it's more important than ever to tighten up remote investigations methods to meet best practices. Aside from enabling continuity during COVID-19 restrictions, remote workflows offer a number of benefits in investigations.
Features

Expectation of Privacy In Surveillance Cameras
Recently, the Pennsylvania Supreme Court held that audio interceptions did not violate the rights of the defendant under the Wiretap Act, and so were admissible. The Supreme Court drew a proper and logical conclusion from the facts and the law and, hopefully, brought us closer to a reasonable look at the issue, but we still have a long way to go.
Features

One Solution on How the U.S. Government Can Compete for Top Cybersecurity Professionals
While the private sector is undeniably in great need of cybersecurity professionals, the public sector must compete for the limited supply of qualified candidates, particularly those capable of filling high-level positions.
Features

Legal Tech: EU E-discovery 'Phenomenon' Comes With Unique Issues
For a jurisdiction with little to no discovery process, the EU and its stringent privacy requirements may have already emerged as the next frontier for e-discovery providers looking to expand their business outside of the United States. However, the region's relative inexperience with e-discovery could still emerge as a hindrance for vendors eyeing an EU-based expansion.
Features

How Should Directors Respond to the SolarWinds Attack
This article is not about "who did what wrong" or "what nation-state commenced this attack." It's really more about is, "if I am a Director, what should I be thinking about the SolarWinds attack?"
Features

The Situation of Your Company's CISO and How It Impacts Data Security
The intensity of information security briefings often leads to organizations tucking the CISO under the CIO instead. After all, all technology is related, right? This is a huge mistake, and it is wreaking havoc on American data security.
Features

The Unheralded Value of a Contract
The most important part of a contract is the data that it generates. If you take all that data from each contract, then aggregate, organize and analyze it, you will have critical insights into the overall effectiveness of your contracting process and the way you transact business.
Features

Should Your Clients' Involvement With Cryptocurrency Scare You?
It's not a matter of whether you have an interest in crypto, think it's all a bizarre techno-bubble, the eventual replacement for fiat currency, or somewhere in between. The fact of the matter is your clients, and future clients, are more likely than ever to have a connection to this market, and a brief review of the headlines can make this prospect seem terrifying.
Features

The World of NFTs
NFTs have been all the rage lately. So what exactly are they?
Features

Can You Hear Me Now? — Privacy of Discussions
This article looks at privacy discussions, focusing on what in the circumstances discussed renders the IT data private and whether the criteria relied upon when courts and others in the discussion determine that the data is or is not private is truly determinative, as well as properly understood.
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- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
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- Foreseeability as a Bar to Proof of Patent InfringementThe doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale — especially since it included a new and controversial foreseeability test in its analysis for estoppel.Read More ›