Cybersecurity

A wrap-up of the 2018 ILTACON.

The entertainment industry is intensely focused on data collection and analytics as it seeks to maximize the exploitation of digital content. Just as those of us in the privacy field had begun to have a slight breather as much of the heavy lifting on the GDPR was finally behind us, lawmakers in California have passed the California Consumer Privacy Act of 2018 (CCPA).

Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.

Cybersecurity concerns are akin to health concerns. You can practice a healthy lifestyle; you can get regular medical check-ups; you can be vigilant in monitoring your own body. Still, the question remains, “How do I know I'm healthy?” The answer is, “You don't.”

Colorado recently adopted a new law expanding companies' obligations in the event of a cybersecurity incident, and establishing new data security and disposal obligations. Recent announcements by the SEC likewise emphasize important responsive points for both companies and their personnel in the wake of an incident. Five key takeaways from these developments are highlighted in this article.

Critical to any counsel working to prevent a cyber attack or respond to a successful cyber intrusion is an understanding of why and how to properly utilize both attorney-client and work-product privilege.

Despite some potential problems with widespread use of Gmail's 'confidential mode,' the new ephemeral messaging function can be easily managed from an information governance perspective.

The costs of litigation increase with ever more potentially responsive data, litigation technology options, and a truly global reach in the context of much litigation. In response, law firms must continue to consider viable approaches to broaching discussions surrounding the recovery of these costs both within the firm and, more importantly, with law firm clients.