A New Stage for Online Copyright Infringement Disputes
December 01, 2022
Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.
Legal Tech: Twitter's Future and E-discovery
December 01, 2022
Whether Twitter's doomsday is coming is still uncertain. But the threat of loss of years' worth of companies' data could be the impetus behind testing collection tools and reevaluating e-discovery processes.
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.
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.
