Synchronizing Legal Hold Requirements With Consumer Requests for Data Deletion
July 01, 2020
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.
Preparing for the LIBOR Phase Out: Contract Remediation Starts with Contract Intelligence
July 01, 2020
The London Interbank Offered Rate has long been the global basis for agreements that include a variable interest rate component. However, LIBOR would be replaced by other benchmarks by the end of 2021. Key to assessing risk of exposure, quantifying the financial impact, developing remediation plans and communicating material information to stakeholders will be the identification, analysis and remediation of LIBOR-based contracts.
How To Avoid Cybersecurity Challenges Brought On By the Pandemic
July 01, 2020
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.
Lessons Learned from Recent FTC Data Security Enforcement Orders
July 01, 2020
Proposed class actions against Zoom are illustrative of a challenge many businesses face: what is "reasonable" data security? The FTC's key data-security-related enforcement can help guide businesses in developing their data security programs.
Legal Tech: How to Streamline Your eDiscovery and Plan for the Future
July 01, 2020
At law firms, attorneys will need to sustain the high quality of work they do in normal times, albeit with reduced budgets. The good news is that with ediscovery — an essential but expensive part of the litigation process — advances in technology since America's last recession have made it possible to save money and time by adopting a more modernized and comprehensive approach.
Where Will The Needle Land? COVID-19 Contact Tracing v. Protecting Personal Privacy
June 01, 2020
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.
Recent Decisions Clarify Scope of Illinois Biometric Privacy Law
June 01, 2020
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