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We found 1,267 results for "Cybersecurity Law & Strategy"...

Incident Response Plans and Tabletop Exercises May Be A Waste of Time
November 01, 2022
Developing and delivering an IRP or TTE to improve the effectiveness of your incident response approach, in isolation, does not work. If your incident response preparation activity does not include some fundamental tactical actions, when the time comes and your house is on fire, your breach response will fail to meet your expectations.
Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act
November 01, 2022
Part Four In a Series The conclusion of the series on Canada's recently introduced Consumer Privacy Protection Act looks at hot button enforcement issues in the Act.
The Great Resignation and Its Impact on Legal Department Contract Workflows & KM
November 01, 2022
Like other organizations, including law firms, in-house legal departments have not been spared from the "great resignation." Lawyers and professionals across all industries are actively seeking new opportunities for a host of reasons including better pay, better culture and better balance. When they leave, they take with them not just their talent but the institutional knowledge they've accumulated, while their former team members are left to piece things together.
Arm Yourself Against Crypto Regulatory Uncertainty
November 01, 2022
The promise that the crypto and digital assets markets bring comes bundled with uncertainty — especially on the regulatory front. Until jurisdictions adopt unified and consistent frameworks that account for the unique facets and features of cryptocurrencies, institutional investors and other market participants must keep abreast of ever-changing, dynamic laws to avoid sanctions and fines.
Courts Strictly Construing Cyber Insurance Policies, Finding Coverage Is Narrow
November 01, 2022
In several recent cases, companies with cyber insurance discovered that provisions in these policies led their insurers to limit coverage. Courts have been strictly construing cyber policies, and have found that the coverage provided is narrow. These decisions hinged upon whether an event constituted a covered "direct" loss and whether intervening actions precluded coverage, like an employee responding to fraudulent communications.
Evolution of the Standing Requirement In Data Breach Class Actions
November 01, 2022
As the landscape of cybersecurity and data privacy continues to evolve, so do the requirements needed to establish standing in regard to the type of harm suffered as a result of a data breach. Moreover, there has been a shift in the requirements needed to hold an organization legally and financially responsible for data stolen during a data breach.
Legal Tech: E-Discovery: Three Key Metrics Critical to Who Wins and Loses E-discovery Talent
November 01, 2022
There are three key industry metrics that have, and will continue to, articulate how law firms, service providers, software companies, and corporations compete for and win (or lose) talent in e-discovery: speed of hire, compensation inflation, and workforce evolution (remote vs in-office; contract vs direct hire).
Cybercrime and Bankruptcy: The Crypto Winter
November 01, 2022
It comes as no surprise that the crypto winter has reinforced the perception of critics that digital currencies are "risky, flawed and unproven digital financial instruments." This article analyzes the state of the cryptocurrency market and examines the impact of cybercrimes and crypto bankruptcies on the current market.
Are You Stuck With the Hasty Tech Decisions Made In Crisis Mode?
November 01, 2022
In March 2020 and the months immediately following, many firms found themselves scrambling to implement tools that would meet the needs of new remote work realities. Understandably, many of these decisions were done quickly without the normal level of due diligence. Now, the same firms are realizing that those hasty, though necessary, decisions should be revisited or undone.
The Information Governance Groundhog Day Syndrome
October 01, 2022
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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  • Delaware Chancery Court Takes Fresh Look At Zone of Insolvency
    Over a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.
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  • The Right to Associate in the Defense
    The "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.
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