Privacy

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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?

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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.

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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.

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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.

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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.

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Cybersecurity Law & Strategy

Fall 2020 Data Privacy Updates

Rebecca Perry

America and the EU continue altering data privacy frameworks for businesses.

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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.

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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).

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Cybersecurity Law & Strategy

In the Know: Top 5 Legal Technology Trends for the 2020s

Deb Dobson

Technology allows attorneys to keep informed so they can help their clients understand the potential impact on their company.

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Cybersecurity Law & Strategy

Defining Reasonable Care for the Protection of Personal Data

Devin Chwastyk

The Pennsylvania Supreme Court enlivened the Thanksgiving holidays of privacy lawyers in 2018 with its decision in Dittman v. UPMC, which held that an employer has a legal duty to exercise reasonable care to safeguard employees’ personal information. While the scope of the decision technically was confined to the employer-employee relationship, the court’s reasoning implies that such a duty of reasonable care may arise in any scenario where one party engages in the collection of personal information.

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Cybersecurity Law & Strategy

Florida Lawmakers Introduce Online Privacy Legislation

David M. Stauss and Malia Rogers

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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Cybersecurity Law & Strategy

More Regulation, Stronger Investigations and Home Tech Devices Concerns to Come in 2020, New Gibson Dunn Report Warns

Steve Salkin

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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Cybersecurity Law & Strategy

A Look Behind, A Look Ahead: Part 1 - Cybersecurity

Steve Salkin

Cybersecurity Law & Strategy partnered with our ALM sibling Legaltech News to ask cybersecurity and e-discovery experts what they thought the key trends were in 2019 and what they expect to see in 2020.

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Cybersecurity Law & Strategy

Data Privacy: Building Compliant and Adaptable Systems

Tomas Suros

Rather than trying to institute changes to comply with every new privacy law as it emerges, a better approach is to view data privacy as an overall framework and adopt a holistic response to compliance with the built-in flexibility to constantly adapt to an ever-changing legal landscape.

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Cybersecurity Law & Strategy

GDPR Had Some Bite in 2019

Victoria Hudgins

Although no company was hit with the maximum GDPR fine of 4% of the company’s worldwide annual revenue, GDPR fines issued in 2019 were still a force to be reckoned with.

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The Intellectual Property Strategist

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask

Alan L. Friel

Part Two of a Two-Part Article

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Cybersecurity Law & Strategy

Unique Cyber Risks Faced By the Cannabis Industry

Victoria Hudgins

All companies face cybersecurity threats, but the legalized cannabis industry’s storage of personally identifiable information and reliance on seed-to-sale tracking software can place it firmly within hackers’ crosshairs.

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Cybersecurity Law & Strategy

What Is the Appropriate Statute of Limitations Period for BIPA Claims?

Sean Wieber, Patrick O’Meara and Eric Shinabarger

The BIPA compliance lag has led companies using or collecting biometric information to consider how far back their liability may extend. The Illinois General Assembly, however, did not include an explicit statute of limitations period in BIPA. As a result, the statute of limitations has become one of BIPA’s primary battlegrounds as litigants argue about potential class sizes and damages awards.

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