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Features
Summer 2019 put some interesting case law into the books. We'll take a look at three cases having to do with lost data and whether spoliation sanctions were levied.
Features
Fortnite video game developer Epic Games Inc. isn't just dodging digital adversaries — now it's been slammed with a class action lawsuit over a data breach.
Features
Part One of a Two-Part Article Responses to questions businesses frequently ask about the impacts of the CCPA. Implementation challenges inevitably will arise as a company works to apply these new requirements to its business practices. The time is now to start preparing for the CCPA, as well as for other new U.S. privacy laws that are likely to follow.
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Gone are the days of "basic security." What used to be optional is now standard: two factor authentication, complex passwords, clean desk policies, data encryption at rest and in transit, mobile device management and up-to-the-minute patching. Clients expect these items to already be in place and are further expanding their expectations.
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A new wave of False Claims Act cases is crashing ashore. Based on the federal government's inclusion of toughened cybersecurity requirements for government contractors, numerous FCA cases will undoubtedly be filed and litigated in coming years against prime contractors and their major subcontractors for allegedly failing to comply with their contractual cybersecurity obligations.
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Whether they like it or not, lawyers interact with data every day. While there is no need for them to seek advanced degrees in data science or statistics, it is becoming increasingly difficult for them to provide adequate representation without being skilled in the uses of data.
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Including a managed document review vendor in your incident response plan is critical.
Features
In Its Motion To Dismiss, Marriott Insisted the Breach Caused No Harm to Its Guests and Attached a Declaration By a Former Government Official Who Wrote: "A U.S. Passport Is Virtually Impossible to Forge Successfully." Marriott is insisting that last year's cyberattack did no harm to its hotel guests, not least of which because hackers cannot use stolen passport numbers.
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The Franklin and Culhane Cases Demonstrate the Importance of Both Implementing and Then Following Corporate Litigation Readiness Measures for Purposes of FRCP 37(E) An evaluation of FRCP 37(e) necessarily entails examining key motion practice flash points that have arisen since the implementation of the rule. One of the most significant of these flash points is what constitutes "reasonable steps to preserve" relevant ESI.
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Social Media Escapes an Easy Definition, But You Know It When You See It While it would be helpful to understand the technical details of collecting data from various social media platforms, what's more important is what parts of social media might be relevant to a dispute and what that means for both the requesting and producing parties.