• 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. (Updated June 9))

  • 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 affect 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.

  • Best Practices for Investigations In Remote Environments

    June 01, 2021 |

    With regulatory and investigations activity expected to pick up significantly in the coming year, it's more important than ever to tighten up remote investigations methods to meet best practices. Aside from enabling continuity during COVID-19 restrictions, remote workflows offer a number of benefits in investigations.

  • Expectation of Privacy In Surveillance Cameras

    June 01, 2021 |

    Recently, the Pennsylvania Supreme Court held that audio interceptions did not violate the rights of the defendant under the Wiretap Act, and so were admissible. The Supreme Court drew a proper and logical conclusion from the facts and the law and, hopefully, brought us closer to a reasonable look at the issue, but we still have a long way to go.

  • Legal Tech: EU E-discovery 'Phenomenon' Comes With Unique Issues

    June 01, 2021 |

    For a jurisdiction with little to no discovery process, the EU and its stringent privacy requirements may have already emerged as the next frontier for e-discovery providers looking to expand their business outside of the United States. However, the region's relative inexperience with e-discovery could still emerge as a hindrance for vendors eyeing an EU-based expansion.

  • How Should Directors Respond to the SolarWinds Attack

    May 01, 2021 |

    This article is not about "who did what wrong" or "what nation-state commenced this attack." It's really more about is, "if I am a Director, what should I be thinking about the SolarWinds attack?"