Jurisdictional License Requirements and Disparate Laws Are Hindering Law Firms' Fight Against Cybercrime
September 01, 2022
Some cybersecurity experts think the structure of law in the U.S. itself means that truly fighting against growing threat actors is a losing game. Take, for example, the fact that attorneys are largely limited by jurisdictional licensure requirements. While on the other hand, bad actors are often organized, unsaddled by jurisdictional challenges, and able to function as a large decentralized group.
Will Other States Follow NY's Lead on Requiring Cybersecurity CLE?
September 01, 2022
New York has become the first state to add a requirement mandating that lawyers take legal education courses in cybersecurity, privacy and data protection. As cyberthreats will likely continue to both grow and evolve in sophistication, attorneys expect this requirement to be only a first step, with more states likely to soon follow.
Law Firms May Make 'Course Corrections' to Battle Inflation
September 01, 2022
If inflation remains at current levels, law firm billing rate increases won't be able to keep pace. But firm leaders may make other "course corrections" to capture profits through the end of 2022, analysts say, by utilizing leverage and alternative pricing models and making additional investments in technology.
Text Messages In E-Discovery
September 01, 2022
This article looks beyond conspiracy theories and Secret Service slip-ups — or subterfuge, depending on one's perspective — to take a look at the law and technology of texts in e-discovery.
Data Rights, Data Duties, & Data Risks: The American Data Privacy and Protection Act
August 01, 2022
While the ADPPA represents compromises between Democratic and Republican leadership of the U.S. Senate and House of Representatives, particularly around the thorny issues of state law preemption and private rights of action, there are other legislative and big tech industry players pushing their own agendas for comprehensive national data privacy and security frameworks.
California's Latest Privacy Rulemaking Proposes Further Obligations for Businesses
August 01, 2022
While the the California Privacy Protection Agency kicked some of the more difficult issues down the road for further consideration, its first draft of proposed Regs is quite comprehensive with respect to the issues addressed. The authority for some of what is proposed is questionable and will likely be challenged in comments, if not judicial action, if such provisions become final.
Proactively Tackling Unstructured Data Can Give Competitive Advantage
August 01, 2022
Unstructured data comprises 80% of total data volume for legal organizations, which means that on average, only one-fifth of the entirety of the data set is properly secured and actively managed. Although some believe that ignoring unstructured data establishes plausible deniability that relinquishes them from culpability when a breach occurs, it's an untenable position from both a regulatory and brand reputational perspective.