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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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For many tech companies today, their products and business model require the collection and storage of data. At the same time, a failure to build adequate data protection technology, processes, and operations will continuously generate "privacy debt" for the business. The accumulation of this "privacy debt" can eventually turn away customers, attract regulatory penalties, and create an existential risk for the company.

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Lawyers need to move away from email as a project management tool to a centralized project management platform — akin to a huge, shared, digital whiteboard — where all production requests are entered on a form that meets litigation support needs.

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The legal profession continues to embrace legal analytics and its advantages in increasing numbers every year. Now, the more interesting questions pertain to how legal professionals use legal analytics and what the likely path is for legal analytics in the future.

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The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not protected by attorney-client privilege.

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Despite the fact that the CISO's duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to the CEO.

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This article discusses the key lessons that can be taken from a series of recent surveys that seek to understand the long-term impacts of COVID-19 on the industry from the perspective of legal executives and frontline lawyers in U.S. firms and corporate law departments.

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If we intend to minimize the risk of a successful attack, we must accept cybersecurity as an ongoing, evolving, relentless effort that requires diligence and discipline. And we have to throw more money at it, too.