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Cybersecurity

  • 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.

    October 01, 2019Andrew Mohr and C. Kelly Kroll
  • 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.

    October 01, 2019Josh Becker
  • 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.

    October 01, 2019Amanda Bronstad
  • 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.

    October 01, 2019Philip Favro
  • 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.

    October 01, 2019Todd Heffner
  • Organizations that continue to be complacent about data security ignore the considerable risks posed by a breach: extended downtime, loss of billable hours, destruction or loss of sensitive data and work product, and the potentially catastrophic costs associated with repairing the damage — both to their technology infrastructure and to their reputation and brand.

    September 01, 2019Sundhar Rajan
  • How Middle Market Companies Can Shore Up Their Data Privacy The most significant overhaul to the EU's data privacy policies in over 20 years, with extraterritorial reach, forced American businesses to remediate, and in some cases, overhaul their data privacy governance programs. But the GPDR was just the beginning. Organizations seeking compliance with the growing number of data privacy regulations will need to remain vigilant, especially for organizations that rely heavily on personal data.

    September 01, 2019Karen A. Schuler
  • A Reflection on the Year Behind, the Years Ahead, and Why Privacy Means So Much to Us Part Two of a Two-Part Article Part two of The State of the U.S. Privacy Job Market, 2019 will outline what is happening within service providers, consultancies, and vendors will touch briefly on government agencies and will predict the near-future state of the U.S. privacy job market.

    September 01, 2019Jared Coseglia