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Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill' Image

Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill'

Kim Peretti, Jon Knight, & Emily Poole

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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Why Untangling the CISO from IT Can Improve Governance and Security Outcomes Image

Why Untangling the CISO from IT Can Improve Governance and Security Outcomes

Jake Frazier

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.

Features

The Legal Industry Pivoted Quickly in the Wake of COVID-19, and Recent Surveys Suggest There's No Turning Back Image

The Legal Industry Pivoted Quickly in the Wake of COVID-19, and Recent Surveys Suggest There's No Turning Back

Sean Fitzpatrick

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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Accountability and ROI: Building Cybersecurity into Your Budget Image

Accountability and ROI: Building Cybersecurity into Your Budget

Heinan Landa

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.

Features

Privacy and Ethical Concerns of Vaccine Passports Image

Privacy and Ethical Concerns of Vaccine Passports

Emily N. Litzinger & Alexa R. Hanlon

While the concept of digital vaccine passports might seem like a perfect solution, implementation is muddled not only by administrative feasibility, but the web of legal and business considerations raised if requiring the passport to return to the workplace or enter a business. This article untangles some of these complex legal considerations, including privacy and ethical concerns, offering employers guidance in evaluating their feasibility at the workplace.

Features

California Privacy Protection Agency Roster Set Image

California Privacy Protection Agency Roster Set

Mike Scarcella

California named five members to the inaugural board of the California Privacy Protection Agency, a new entity created by voters in 2020 that will enforce the state's sweeping consumer privacy laws.

Features

Legal Tech: The Ethics of E-Discovery In a Remote Work Environment Image

Legal Tech: The Ethics of E-Discovery In a Remote Work Environment

Joseph Tate & Emily Plowcha

Just as the pandemic has challenged every aspect of our lives, the shift to a remote work environment has significantly impacted e-discovery and the ethical obligations of attorneys in this ever-evolving technological and legal landscape.

Features

A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery Image

A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery

Ryan Costello

The intersection of foreign laws governing data collection and cross-border discovery operations continues to be a potentially volatile conjunction.

Features

Depositions and Legal Proceedings in the Remote World: What Attorneys Need to Know About Security and Best Practices Image

Depositions and Legal Proceedings in the Remote World: What Attorneys Need to Know About Security and Best Practices

Tony Donofrio

Now that depositions and other legal proceedings are now virtual, remote exercises in most cases. It doesn't mean, however, that the rules have relaxed. If anything, it's more important than ever to follow best practices and pay attention to security.

Features

Winter 2021 Privacy Alert Roundup Image

Winter 2021 Privacy Alert Roundup

Rebecca Perry

In this Privacy Alert Roundup, we'll take a look at Virginia's new proposed data protection law, a new proposed federal banking rule regarding cybersecurity incidents, and how lackadaisical vendor risk management can come back to bite you in court.

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