SCOTUS Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity'
July 01, 2021
The Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to "exceed authorization," and the statute does not — as the government had argued — cover behavior where a person accesses information which he is authorized to access but does so for improper purposes.
Upping Your New Business Game with AI
July 01, 2021
With demand for technology innovation and efficiency at an all-time high, we can look to Artificial Intelligence (AI), Machine Learning (ML), and Natural Language Processing (NLP) to help streamline and automate proposal and RFP management, and bridge the gap between increases in RFP requests and lower win rates.
NY Privacy Act Stalls, Would Escalate Protections Above Other State & International Regulations
July 01, 2021
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.
Managing and Preserving Zoom Data
July 01, 2021
With business conversations extending across video, audio, transcripts and chat, it will not be long before we see Zoom data appearing as evidence in court. Legal teams and CIOs need to think about how to preserve Zoom data proactively for litigation case assessments, discovery, and holds, as well as investigations and regulatory actions.
National Security Implications of the Colonial Pipeline Hack
June 01, 2021
It is difficult to think of a comparable cyber event to the one that effectively shut down the fuel pipeline that feeds over a third of the United States. We are in the midst of a national cyber crisis, and while we may have a blueprint for the resolution of these other crises, things must urgently change on the cybersecurity front.
Where Is the Consumer In Consumer Privacy Legislation?
June 01, 2021
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.
Attorney Competence in Technology Is in the Spotlight. Are You Competent?
June 01, 2021
In response to widespread changes in the use of technology, and evaluating the potential risks of remote work and the rise of virtual meeting platforms, on March 10, 2021, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 498 making it clear that the Model Rules of Professional Conduct permit lawyers to conduct their practices virtually, but urges caution at all times:
Closing the Information Security Gaps In the New Operational Model
June 01, 2021
In 2020, law firms did what they had to do to continue serving their clients. Information governance may have been sacrificed in the face of an urgent, global crisis. As understandable as that is, it's time now to step back and assess best practices for the new operational model that is here to stay.
Mastery of Information: How to Successfully Manage Ungoverned Data for Risk Mitigation
June 01, 2021
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.
