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Cybersecurity Law & Strategy
Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps
Jonathan B. New, Patrick T. Campbell, James A. Sherer and Luke E. Record
This article summarizes the DOJ’s recent guidance and the SEC’s enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators’ expectations and recordkeeping rules.
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Business Crimes Bulletin
The Message Is Clear: Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps
Jonathan B. New, Patrick T. Campbell, James A. Sherer and Luke E. Record
Regulators increasingly are scrutinizing employee use of personal devices and third-party messaging apps. This article summarizes the DOJ’s recent guidance and the SEC’s enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators’ expectations and recordkeeping rules.
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Cybersecurity Law & Strategy
The Information Governance Groundhog Day Syndrome
Ben Schmidt and Nathan Curtis
Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let’s take a closer look.
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Marketing The Law Firm
How to Solve the Information Governance Groundhog Day Syndrome
Ben Schmidt and Nathan Curtis
Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let’s take a closer look.
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Accounting And Financial Planning For Law Firms
Solving the Information Governance Groundhog Day Syndrome
Ben Schmidt and Nathan Curtis
Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let’s take a closer look.
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Cybersecurity Law & Strategy
EDRM Asks for Public Comment on New Information Governance Model
Steve Salkin
Adoption of the IGRM model could mean “improving dialogue about information governance, increasing the buy in from stakeholders, and expanding the awareness of the importance of information governance in the modern enterprise.”
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Cybersecurity Law & Strategy
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.
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Business Crimes Bulletin
Clients Drive Information Governance: Business Benefits Flow to Firm
Stephen Cole
Information governance and the protection of corporate data are top concerns for law firms. To ensure standards are met, some clients are now tying payment to compliance with Outside Counsel Guidelines (OCG).
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Business Crimes Bulletin
Carnival Execs May Face Criminal Charges Over Compliance Failures
Sue Reisinger
Once again a company has felt the pain that comes when it is caught violating an agreement with the Department of Justice. After taking a tongue lashing from a federal judge for repeatedly violating the law, Carnival Corp. executives have until autumn to hire a chief compliance officer and begin meaningful compliance reforms at the world’s largest cruise line.
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Cybersecurity Law & Strategy
Electronic Signatures: Legal and Practical Considerations for E-Signing on the Virtual Dotted Line
Anthony J. Diana and David G. Krone
In assessing whether or how to employ e-signatures, particularly in higher risk transactions, organizations should be careful to manage the practical issues and potential legal complexities associated with e-signatures through careful assessment and a robust governance program.
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Cybersecurity Law & Strategy
Clients Drive Information Governance: Payment Tied to Guideline Compliance
Stephen Cole
To comply with the data side of the Outside Counsel Guidelines, firms must have a clear information governance strategy for which the firm’s use of technology systems is foundational.
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Accounting And Financial Planning For Law Firms
Clients Drive Information Governance: Business Benefits Flow to Firm
Stephen Cole
Information governance and the protection of corporate data are top concerns for law firms. To ensure standards are met, some clients are now tying payment to compliance with Outside Counsel Guidelines (OCG). OCG have moved from guidelines to actual contracts that provide for indemnification of the client for cyber breach and violation of privacy laws.
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Cybersecurity Law & Strategy
The Power of Certifications in Legal
Jared Coseglia
Part Two of a Two-Part Article
Professionals in e-discovery and privacy, including lawyers, are hungry for growth opportunities and may be ripe to transition into certain security-centric positions; however, the security job landscape is far more expansive and far less commoditized than ESI or privacy — for now. Part Two provides a road map for how certifications can assist an individual or an organization in reinventing, repurposing, creating or maintaining cybersecurity talents.
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The Corporate Counselor
Preventing Insider Trading at Biopharma Companies
Scott R. Jones
Biopharma companies and their insiders often possess material, nonpublic information. And since company equity usually makes up a large part of insiders' compensation, legal issues arise when they have access to such information and want to trade their equity.
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The Corporate Counselor
Effective Internal Investigations
Terence Healy
A Checklist for In-House Counsel
Every general counsel over the course of his or her career will face the need to conduct an internal investigation into events at the company. Many of these may be routine in nature, such as matters dealing with individual employees or human resources issues. But at times, the company may be required to examine issues affecting the core of its business, with potential serious impact on its financial performance or with regulatory exposure.
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Business Crimes Bulletin
The Trump Administration and Compliance
Annette K. Ebright and Sarah F. Hutchins
What Can We Tell So Far?
How can companies plan for enforcement under the Trump administration? Here are five areas of compliance to consider.
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The Corporate Counselor
Automatic Legal Holds Becoming the Norm
While they are a prime responsibility for attorneys facing litigation or regulatory investigations, legal holds are not always executed as effectively as they should be. For many, it is a problem of managing data in multiple locations; for others, it's the challenge of having unreliable data custodians.
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Cybersecurity Law & Strategy
WannaCry Attack Is A Wake-Up Call for Cyber Preparedness
India E. Vincent
The scope of WannaCry changed our perceptions of ransomware attacks. It made it clear that ransomware could reach a broad cross-section of computers worldwide, at essentially the same time.
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Cybersecurity Law & Strategy
3 Steps to Ensuring Your AI Initiative Does Not Fail
Bobbi Basile
The energy in the legal industry surrounding artificial intelligence (AI) is undeniable. Law firms are investing in innovation or undertaking experiments to test the viability of applying AI-enabled tools to various disciplines. Legal professionals are packing presentations to learn if, how and when the heralded disruption will impact their careers.
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Cybersecurity Law & Strategy
GDPR Gets Real
Jason Straight
A procrastinator’s guide to overcoming technical challenges in GDPR compliance.
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Business Crimes Bulletin
The Arrival of Justice Gorsuch May Bring Opportunity to Reform the Collective Entity Doctrine
Preston Burton, Bree Murphy and Leslie Meredith
Recognizing a Fifth Amendment privilege for corporations — whether through wholesale abolition of the collective entity doctrine or by recognizing some limited exception for custodians of smaller corporations — would not foreclose meaningful white-collar prosecutions, but it would restore protection of the Fifth Amendment rights of individuals who are sacrificed under the current bright-line rule. Will Justice Gorsuch help in this endeavor?
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Business Crimes Bulletin
Corporate FCPA Enforcement in the Era of Trump
Robert J. Anello and Peter Janowski
Part Two of a Two-Part Article
As the penalties being extracted by the United States from multinational corporations for violations of anti-corruption statutes have skyrocketed in recent years, an increasing number of other countries have begun to pass or enhance their own laws prohibiting, among other things, bribery of foreign officials, and have increased the financial penalties applicable to businesses that violate those laws.
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Employment Law Strategist
Employee Privacy and Corporate Email Accounts
David Horrigan
The use of business email accounts and digital devices for personal communications can be risky for both employers and employees. However, employees of all levels may be commingling corporate communications with their personal information, according to new research.
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The Corporate Counselor
New Data Types in the App Age
Tim Anderson and JR Jenkins
While the threat of "big data" has cast a shadow over IT and legal departments for several years, the real challenge can often be the variety. The authors believe the real challenge is less about "big data" and more about "new data types" — that quickly defeat traditional collection and review tools and strategies.
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Cybersecurity Law & Strategy
State of the Industry: e-Discovery and Cybersecurity
Jared Coseglia
Part One of a Three-Part Article
There are stark differences between e-discovery and cybersecurity, most notably that cybersecurity, as an avenue of career opportunity and responsibility, is much, much bigger. An examination of the current state of both industries coupled with a deep dive into the history of e-discovery will offer a prophetic look at the likely hiring patterns, job availability, compensation trends, and industry maturation of the cybersecurity vertical over the next decade.
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Cybersecurity Law & Strategy
Information Governance: Law Firms' Cybersecurity Weak Spot
Ian Raine
Perimeter security is only one part of a comprehensive legal data security strategy and by itself leaves open a weak spot — attackers who, using phishing or other methods, are able to bypass strong perimeter security systems, and once inside find themselves able to access a firm's emails, documents and other work product.
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Cybersecurity Law & Strategy
Survey Reflects Growth in How Corporations Manage and Protect Information
Ari Kaplan
Many organizations are changing their approach to leveraging cybersecurity intelligence through enhanced cooperation, detailed information sharing, and broad-based collaboration. To characterize those shifts and offer perspectives that empower effective benchmarking, for the third consecutive year, Nuix engaged my firm to interview corporate security officials. The report reflects the perspectives of 29 cybersecurity executives across a range of industries.
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Employment Law Strategist
Information Security: The Human Factor
Michael Kemps and Kimberly Pease
Law firms must be diligent about their information security — not just via protection through technology, but by training staff on what to look for and how to react to cybersecurity threats. Most security breaches arise out of human error or negligence. Educating users is one of the best defenses.
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Cybersecurity Law & Strategy
New York State's Financial Services Cybersecurity Regulation
Elizabeth B. Vandesteeg and Kathryn C. Nadro
The Regulation was designed to promote the protection of customer information as well as the underlying information technology systems of regulated entities in light of the ever-increasing threat of cyber attacks.
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Cybersecurity Law & Strategy
Is Your Data Breach Response Plan Good Enough? Stress Test It
Eric Hodge and Rich Blumberg
As the chances of a data breach incident increase, savvy businesses have invested time and thought in a response plan. But plans never survive first contact with the enemy. Stress test your incident response plan to find and resolve its weaknesses while time is on your side.
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Marketing The Law Firm
Culture of Collaboration
Peter Ozolin
Optimal Insights Through Inter-Departmental Initiatives
As dizzying amounts of resources and the need for the timeliest insights grow, the conduit and collaboration between business development and an organization’s information management department, especially, becomes more critical than ever.
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