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Advanced Persistent Threat (APT) intrusions are sophisticated cyber-attacks carried out by well-funded and organized cyber-criminals. The attacks are designed to establish persistence using various tactics, techniques and procedures that are intended to avoid detection and mimic authorized activity in the environment, known as "living off the land."
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Florida lawmakers have introduced companion bills in the Florida House (HB 963) and Senate (SB 1670) that would create limited online privacy rights and obligations in the state. The legislation appears to be very similar to the Nevada Online Privacy Protection Act, which was amended last year to add a right to opt-out of sales of covered information.
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Congress passed the Defend Trade Secrets with much fanfare, touting its potential to curtail both domestic and cross-border theft of American ingenuity and technology. The DTSA offers a unique and powerful remedy to aggrieved parties in their efforts to curb trade secret misappropriation: ex parte seizure of property containing trade secrets. This article provides a brief overview of DTSA seizure orders and discusses e-discovery considerations in connection with those orders.
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AI is in many ways still in its infancy, and it's important to realize that platforms utilizing this technology are heavily dependent on constant human interaction and training.
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Part Two of a Two-Part Article Cybersecurity Law & Strategy partnered with our ALM sibling Legaltech News to ask cybersecurity and e-discovery experts what they thought the key trends of 2019 and what they expect to see in 2020. Part Two looks at e-discovery.
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During the past few months, there has been a significant paradigm shift in the cybersecurity world. Threat actors from Russia, in particular, have significantly enhanced their capabilities to target individual businesses and Managed Service Providers (MSPs) or IT companies. It is critical that lawyers, their firms and the companies they serve be aware of these threats and take the appropriate measures to proactively secure their own — and their clients' — sensitive and private information.
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Law Firms Are Following the Lead of Their Corporate Clients In Implementing Legal Operations Methodologies Legal operations as a discipline within corporate legal departments is receiving more attention, funding and staffing over the last few years.
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On Data Privacy Day last month, Gibson Dunn released the eighth edition of its United States Cybersecurity and Data Privacy Outlook and Review. The report details trends that the privacy industry saw in 2019 from a legislative, regulatory and judicial perspective.
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U.S. civil litigants faced with an obligation to produce "personal data" protected by GDPR can find themselves on the horns of a serious dilemma. Initial rulings addressing the tension between the broad scope of data protected by GDPR and the similarly broad scope of discovery under U.S. law revealed substantial skepticism that complying with a U.S. discovery request would expose parties to significant enforcement risk in the EU. This article takes a look at what arguments parties put forth in the past year, and make a few suggestions for how litigants can avoid violating one jurisdiction's law to satisfy another's courts.
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Those in the legal profession are not immune to a data breach. What's more, ethical obligations put lawyers and law firms at even greater risk for significant business, financial and reputational harm should they experience a cyberattack. Attorneys have both an ethical and legal duty to take reasonable steps to protect their clients' personal sensitive data against a cyberattack, or face serious ramifications.