-
Cybersecurity Law & Strategy
9th Circuit: Police Violated Google Users’ Privacy Rights After Automated Email Scan Detected Child Pornography
Alaina Lancaster
A federal appeals court found that law enforcement violated a Google user’s constitutional rights when it opened email attachments the platform flagged as child pornography through an automated system.
Read More ›
-
Cybersecurity Law & Strategy
How to Address Evolving Privacy Regulations During Discovery
Gina Taranto
One Recipe for Success: Treat Private Data With the Same Priority Given to Privilege
But for all the coverage that privacy regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices.
Read More ›
-
Cybersecurity Law & Strategy
Preserving Snaps: Understanding Retention Features of Messaging Apps
Philip Favro
The recent Doe v. Purdue University case out of the Northern District of Indiana — in which the court sanctioned plaintiff for failing to preserve relevant images and videos from his Snapchat application — teaches that counsel must understand the retention and deletion features of Snapchat and other messaging apps and social media if they are to help their clients preserve relevant ESI.
Read More ›
-
Cybersecurity Law & Strategy
The Pandemic Job Market: From Drought to Pandemonium
Jared Coseglia
This article gives historical context to the events that brought us to the current climate and provides guidance on how employers and employees can successfully navigate the ensuing complexities of job searching and hiring in the post-pandemic pandemonium.
Part One of a Two-Part Article
Read More ›
-
Cybersecurity Law & Strategy
NY Privacy Act Stalls, Would Escalate Protections Above Other State & International Regulations
F. Paul Greene
The failure of NYPA to pass is not exceptionally noteworthy. What is noteworthy, however, is that it marks an escalation of data privacy protections and restrictions not seen in other major regulatory regimes, whether in the United States or abroad. And since most believe its failure to pass was due more to the end-of-session rush than its contents, don't be surprised if it pops up again in January 2022.
Read More ›
-
Cybersecurity Law & Strategy
Where Is the Consumer In Consumer Privacy Legislation?
Rita W. Garry
In the past four months of 2021, the amount of state legislative activity around consumer data privacy laws has been frantic, by state legislatures standards. So much so, it is not easy to discern the cause for all this effort.
Read More ›
-
Cybersecurity Law & Strategy
Mastery of Information: How to Successfully Manage Ungoverned Data for Risk Mitigation
Peter Baumann
Companies are collecting and managing more data than ever, essentially in order to create value, thus in effect making every company a “data” company. But for data to provide value, organizations need to know where it is, who has access to it, how it’s managed, including its longevity value, and how it needs to be secured and protected.
Read More ›
-
Cybersecurity Law & Strategy
The World of NFTs
Christine K. Au-Yeung
NFTs have been all the rage lately. So what exactly are they?
Read More ›
-
Cybersecurity Law & Strategy
Can You Hear Me Now? — Privacy of Discussions
Leonard Deutchman
This article looks at privacy discussions, focusing on what in the circumstances discussed renders the IT data private and whether the criteria relied upon when courts and others in the discussion determine that the data is or is not private is truly determinative, as well as properly understood.
Read More ›
-
Cybersecurity Law & Strategy
How to Avoid ‘Privacy Debt’
Catherine Zhu
For many tech companies today, their products and business model require the collection and storage of data. At the same time, a failure to build adequate data protection technology, processes, and operations will continuously generate “privacy debt” for the business. The accumulation of this “privacy debt” can eventually turn away customers, attract regulatory penalties, and create an existential risk for the company.
Read More ›
-
Cybersecurity Law & Strategy
Privacy and Ethical Concerns of Vaccine Passports
Emily N. Litzinger and Alexa R. Hanlon
While the concept of digital vaccine passports might seem like a perfect solution, implementation is muddled not only by administrative feasibility, but the web of legal and business considerations raised if requiring the passport to return to the workplace or enter a business. This article untangles some of these complex legal considerations, including privacy and ethical concerns, offering employers guidance in evaluating their feasibility at the workplace.
Read More ›
-
Cybersecurity Law & Strategy
California Privacy Protection Agency Roster Set
Mike Scarcella
California named five members to the inaugural board of the California Privacy Protection Agency, a new entity created by voters in 2020 that will enforce the state’s sweeping consumer privacy laws.
Read More ›
-
Cybersecurity Law & Strategy
Winter 2021 Privacy Alert Roundup
Rebecca Perry
In this Privacy Alert Roundup, we’ll take a look at Virginia’s new proposed data protection law, a new proposed federal banking rule regarding cybersecurity incidents, and how lackadaisical vendor risk management can come back to bite you in court.
Read More ›
-
Cybersecurity Law & Strategy
Telehealth Enforcement: Is It the Next Big Thing?
Ty E. Howard, Scarlett S. Nokes, Gene R. Besen and Jason P. Mehta
With the start of the Biden administration and a DOJ very likely led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.
Read More ›
-
Business Crimes Bulletin
Telehealth Enforcement: Is It the Next Big Thing?
Ty E. Howard, Scarlett S. Nokes, Gene R. Besen and Jason P. Mehta
With the Biden administration and a DOJ led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.
Read More ›
-
Cybersecurity Law & Strategy
Using Legal Tech to Help Lawyers Protect Privilege and Better Serve Their Clients
Daniel Farris
A recent UK High Court ruling has provided lawyers everywhere with a stark reminder on the scope of privilege for electronic communications: just because an email itself is privileged does not automatically render the documents attached to that email privileged.
Read More ›
-
Cybersecurity Law & Strategy
NY Proposed Privacy Bill of Rights Could Add to Compliance Confusion
Frank Ready
New York Gov. Andrew Cuomo’s executive budget proposal includes plans for a comprehensive data privacy law that rather than bring more clarity to an increasingly fragmented U.S. privacy landscape, could place even more strain on corporate legal departments attempting to get a handle on compliance.
Read More ›
-
The Intellectual Property Strategist
Northern District of California Holds Vanity License Plates Are Not Government Speech
Grace Tuyiringire
California DMV regulations excluding plaintiffs’ personalized plates were like the PTO trademark registration restrictions of SLANTS and FUCT — restrictions struck down by the U.S. Supreme Court for violating the First Amendment.
Read More ›
-
Cybersecurity Law & Strategy
Data Privacy Forecast: 2021 On Pace to Be a Milestone Year
Jake Frazier
As the economy and business operations begin to stabilize in the new year, organizations will take stock of lessons learned and new risks that need to be addressed. In-house legal and information governance teams are likely to be at the forefront of these efforts, with a keen focus on the data privacy, security and compliance gaps that were exposed during the pandemic.
Read More ›
-
Cybersecurity Law & Strategy
Automated License Plate Recognition and Privacy
David Horrigan
Just what is automated license plate recognition technology, and do you really have a reasonable expectation of privacy in a number emblazoned on the front of your Ford or the back of your Buick?
Read More ›
-
The Bankruptcy Strategist
Privacy Issues In Bankruptcy Proceedings
Stephanie Skaff, Sushila Chanana and Ashleigh Nickerson
Due to the COVID-19 pandemic, some businesses are considering potential liquidation or restructuring through bankruptcy. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings poses some unique challenges.
Read More ›
-
Cybersecurity Law & Strategy
Cybersecurity 2020 Year In Review — And A Look Into 2021
A new administration in the U.S., ransomware, ALSPs, new regulations in the U.S. and abroad, and the long-lasting impact of working remotely are just some of the factors that respondents say will factor in to how law firms need to prepare for 2021.
Read More ›
-
Entertainment Law & Finance
A Look at the EU’s Latest Proposal for Regulating Online Content
Linda A. Thompson
The DSA is intended to reset the rules around online content moderation and to reframe the responsibility of platforms for illegal content uploaded to their websites.
Read More ›
-
Cybersecurity Law & Strategy
Transitioning to Remote, Electronic Signing for Transactions
Will Norton
The recent move to more remote work environments has prompted many to take a second look at not only eSignature solutions but also remote online notarization (RON). In order to support transactional practice groups in making the transition to electronic signing and closings, one must understand the challenges and opportunities of these technologies.
Read More ›
-
Cybersecurity Law & Strategy
Fall 2020 Data Privacy Updates
Rebecca Perry
America and the EU continue altering data privacy frameworks for businesses.
Read More ›
-
Cybersecurity Law & Strategy
Privacy Issues of Contact Tracing
Shari Claire Lewis
Companies considering whether to suggest, or even to require, contact tracing for employees or others must consider a host of legal issues, including privacy. This article describes contact tracing, focusing on how technology has made it a more powerful weapon against viruses and diseases than ever before.
Read More ›
-
Cybersecurity Law & Strategy
Video Conferencing and the CCPA
Shaia Araghi and Kyle Janecek
Users have become increasingly concerned about the privacy of videoconferencing platforms, due to exposure of information from security breaches. We examined the privacy policies of six prominent applications to determine their compliance with the California Consumer Privacy Act (CCPA).
Read More ›
-
Cybersecurity Law & Strategy
The State of the e-Discovery and Data Privacy Job Market: Pre and Post COVID-19 – Part 2
Jared Coseglia
A deep dive into the pre and post pandemic e-discovery job market landscape and what data privacy professionals can learn from ESI employment trends.
Part Two of a Two-Part Article
Read More ›
-
Cybersecurity Law & Strategy
Summer 2020 Data Privacy Updates
Rebecca Perry
America and the EU Continue Altering Data Privacy Frameworks for Businesses
A close look at a couple of privacy-related issuances from California, along with the European Court of Justice ruling invalidating the EU-U.S. privacy shield.
Read More ›
-
Cybersecurity Law & Strategy
Ransomware – COVID-19 & Upgrading Your Defenses
Jonathan Armstrong and André Bywater
It’s pretty shameful that in the current crisis we’re seeing ransomware on the rise. It’s even more shameful that organizations involved in fighting the virus seem to be especially at risk.
Read More ›
-
Cybersecurity Law & Strategy
Facebook and Instagram Developers Sued for Privacy Violations In U.S. and UK
Alaina Lancaster
Facebook filed two separate lawsuits in the UK and U.S. that the company says is part of an ongoing effort to hold developers that abuse its platform accountable.
Read More ›
-
Cybersecurity Law & Strategy
The State of the e-Discovery and Data Privacy Job Market: Pre- and Post-COVID-19, Part 1
Jared Coseglia
Part One of a Two-Part Article
This deep dive into the specific cause-and-effect paradigms impacting the data privacy and e-discovery verticals illustrates broader trends in the overall legal technology job market while simultaneously giving professionals in (or eager to be in) those disciplines a clear roadmap of where the legal technology, data privacy, and ESI job market was, is today, and where it will be in the future.
Read More ›
-
Cybersecurity Law & Strategy
Cybersecurity for Remote Workers: Keeping Financial Information Secure
Ashley Thomas
At the beginning of the COVID-19 pandemic, businesses scrambled to rapidly deploy a remote workforce which created new challenges for businesses to continue operating and providing critical services. It also created an opportunity for malicious actors to hack into and gain access to IT systems and sensitive, personal information.
Read More ›
-
Business Crimes Bulletin
Where Will the Needle Land?
Scott Pink and John Dermody
COVID-19 Contact Tracing v. Protecting Personal Privacy
As states roll back stay-at-home orders, contact tracing has quickly emerged as an essential tool to manage the spread of the coronavirus and allow the country to return to work safely. But innovative contact tracing methods raise a host of privacy concerns, forcing a reckoning with how we balance privacy and public health.
Read More ›
-
Cybersecurity Law & Strategy
Synchronizing Legal Hold Requirements With Consumer Requests for Data Deletion
Mike Hamilton
The biggest challenge with any legal hold process is ensuring that potentially relevant data is actually preserved. But with evolving requirements for how data is managed by new data privacy laws like the CCPA and the GDPR, it’s become harder to secure data by simply sending a legal hold and assuming the custodian will do their duty to preserve it.
Read More ›
-
Cybersecurity Law & Strategy
How To Avoid Cybersecurity Challenges Brought On By the Pandemic
Tomas Suros
As the current pandemic has forced much of the world into virtual workforce mode, cybercriminals have seized on the uncertainty of the current times to launch new and creative offensives. Fears surrounding COVID-19 are high, conspiracy theories are running rampant, and cyberattackers are counting on stress and distraction to decrease our vigilance against intrusions.
Read More ›
-
Cybersecurity Law & Strategy
Where Will The Needle Land? COVID-19 Contact Tracing v. Protecting Personal Privacy
Scott Pink and John Dermody
Governments and businesses alike are considering how to leverage new technologies to make contact tracing efforts more effective by digitally monitoring our social interactions and physical locations. But such innovative contact tracing methods raise a host of privacy concerns, forcing a reckoning with how we balance privacy and public health.
Read More ›
-
Cybersecurity Law & Strategy
Recent Decisions Clarify Scope of Illinois Biometric Privacy Law
Frank Nolan and Andrew Weiner
For users of biometric information subject to BIPA’s rigorous requirements, the last two years have brought mostly bad news, most notably a smattering of unfavorable decisions on the question of whether plaintiffs must suffer an injury in order to avail themselves of BIPA. Against this backdrop, however, courts have issued decisions on other aspects of BIPA
Read More ›
-
Cybersecurity Law & Strategy
How Privacy Laws Shape COVID-19 Reopening Plans
Justin Eichenberger and Mary Fuller
When it comes to processing personal information, Americans do not have a general right to privacy because the United States does not have a comprehensive privacy law. That does not mean, however, that employers are not subject to other privacy requirements.
Read More ›
-
Cybersecurity Law & Strategy
New Jersey’s Latest Effort on the Privacy Front
Kenneth K. Dort and Mitchell S. Noordyke
New Jersey legislators are joining a growing line of states in proposing a bill to strengthen data privacy protections, following in the footsteps of privacy laws enacted in Europe and California.
Read More ›
-
Cybersecurity Law & Strategy
A CCPA Private Right of Action on the Horizon
David Keating, Jim Harvey and Dan Felz
Class Action Complaints Test Whether Plaintiffs Can Sue for Any Violation of the CCPA
This article provides an overview of how the CCPA addresses private rights of action, summarizes recent class action complaints that attempt to use CCPA violations as the basis for class-wide claims, and provides suggestions for prioritizing activity in CCPA compliance programs in this new litigation environment.
Read More ›
-
Cybersecurity Law & Strategy
Privacy Is Top Priority But Spending Will Decrease, Survey Says
Frank Ready
Exterro’s Annual Study of Legal Spend Management indicates that organizations are expecting to spend less on compliance with privacy laws in 2020 as they wait to see how new regulations like the CCPA are enforced first.
Read More ›
-
Cybersecurity Law & Strategy
Judge Warns Facebook in Approving Record $5B Fine for Alleged Privacy Violations
Jacqueline Thomsen
The Judge Pointed Out that Some FTC Commissioners Wanted to Specifically Sanction Facebook Founder Mark Zuckerberg for the Company Sharing Private User Data With Outside Parties
A federal judge in Washington, DC, signed off on a record $5 billion fine imposed by the U.S. Federal Trade Commission on Facebook for allegedly violating federal law and a previous order with its privacy practices.
Read More ›
-
Cybersecurity Law & Strategy
Coronavirus Work-from-Home Response A Boon for Cybercriminal Exploitation
Mark Sangster
Companies determined to protect their employees and minimize the impact of COVID-19 are enforcing travel restrictions and strong work-from-home policies. However those actions can be used against employees as any firms are likely unprepared for the criminal appetite for the cyberattack exploitation of a remote workforce. Here are some of the key issues of which law firms and companies need to be aware and steps that should be considered to minimize the risk to keep everyone — and client data — safe.
Read More ›
-
Cybersecurity Law & Strategy
COVID-19: Threats Abound: How to Protect Your Remote Workforce
Tomas Suros
The COVID-19 pandemic has changed the conversation around remote work. As more employees work remotely, law firms must employ security best practices to ensure that the extended reliance on the cloud doesn’t expose sensitive data or cripple daily operations. Following is a practical checklist of systems, technologies and processes to consider when evolving your firm for remote work and selecting your cloud technology provider.
Read More ›
-
Cybersecurity Law & Strategy
COVID-19: Companies, Trade Organizations Seek to Postpone CCPA Enforcement Date
Dan Clark
Over 30 trade associations and companies co-signed a letter last month to California Attorney General Xavier Becerra asking him to push back the enforcement date for the California Consumer Privacy Act due to the new coronavirus and a lack of clarity on the enforcement rules.
Read More ›
-
Cybersecurity Law & Strategy
The California Consumer Privacy Act is HERE: Are You Litigation Ready?
Ann Marie Mortimer, Jason J. Kim and Lisa J. Sotto
Most companies doing business in California are well aware of the CCPA and prepared diligently in advance of the law’s Jan. 1, 2020 compliance deadline. While compliance certainly is key, even compliant businesses must consider — and prepare for — the eventual onslaught of class action litigation that is coming.
Read More ›
-
Cybersecurity Law & Strategy
States Take the Lead on Securing IoT
Ashley Thomas
The California IoT Security Law is the first of its kind in the nation and pushes device manufacturers to adopt cybersecurity standards during the product development and design stages where none have existed before.
Read More ›
-
Cybersecurity Law & Strategy
Coronavirus Work-from-Home Response A Boon for Cybercriminal Exploitation
Mark Sangster
Here are some of the key issues of which law firms and companies need to be aware and steps that should be considered to minimize the risk to keep everyone — and client data — safe.
Read More ›
-
Cybersecurity Law & Strategy
Litigators and Privacy: The Last People You Want to See, or the First?
Michael Bahar, Sarah Paul, Matt Gatewood and Andrew Weiner
In their consideration of possible worst-case cyber attack scenarios, organizations often focus on the various types of attacks and their relative severity. But, the worst-case scenario is not the breach, it's the reputational damage, regulatory enforcement action, the business interruption, and the inevitable litigation that follows a poorly handled breach from an unprepared organization. Given this reality, it is important to adjust planning assumptions and response scenarios to focus on addressing these drivers of post-breach exposure.
Read More ›
