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Cybersecurity Law & Strategy
The Importance of Cyber Vigilance: Control Liability and Litigation Exposure
Brandon Hollinder
This article covers cyber trends and tips for organizations to explore in order to be better equipped to anticipate and respond to cyber incidents before a devastating breach occurs. The outcome? Diminished chance of class action activity, compliance violations, lost business, and mounting costs.
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Cybersecurity Law & Strategy
Fighting Cybercrime With Cyberaccounting
Sharon L. Levin and Bruce DeGrazia
As cybercrime intensifies, it is revealing a skills shortfall among those who defend our financial infrastructure. It has become critically clear that we need to radically rethink the way we prepare our frontline defense to include more experts with both technical savvy and accounting expertise. In other words, we need an army of cyber accountants.
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Cybersecurity Law & Strategy
Experience Management: Platform vs. Best of Breed
Jason Noble
Should your firm buy into a platform and capitalize on those efficiencies and integrations, or should you go “best of breed,” seeking out the best solutions for each business problem your firm is trying to solve with technology and create integrations where needed? Here are some thoughts on the platform versus best of breed paths when it comes to experience management.
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Cybersecurity Law & Strategy
Next On AI’s Agenda, Regulatory Scrutiny
Gretchen L. Jankowski and Abigail L. Cessna
While some jurisdictions are enacting or proposing AI-specific regulation, many existing regulatory frameworks apply to new technologies, including antitrust. Companies may experience different potential antitrust risks depending on the type of AI technology and their use of that technology.
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Cybersecurity Law & Strategy
United Kingdom Approves Online Safety Bill; Making Social Media Companies Responsible
Peter Brown
The United Kingdom's Online Safety Bill makes social media companies responsible to prevent and remove illegal or dangerous content, including posts relating to terrorism, child exploitation, hate crimes or fraud.
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Cybersecurity Law & Strategy
New Jersey Looks to Other States In Enacting Data Privacy Legislation
John T. Wolak and William C. Martinez
At this juncture New Jersey stands at a crossroad, with the Legislature facing important choices on the scope and terms of comprehensive privacy legislation that will have a dramatic impact on business operations as well as the individual rights of New Jersey residents.
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Cybersecurity Law & Strategy
In Case You Missed It: AI Ethics, Algorithms and Other Takeaways from the First-Ever IAPP AI Conference
Isha Marathe
The conference’s panels and keynotes looked to connect the dots between the tools governments and individuals have in the age of AI to protect themselves — and the tools they will need to develop.
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Accounting And Financial Planning For Law Firms
Experience Management: Selecting Best of Breed Solutions for Better Business Outcomes
Jason Noble
Experience management is vital not only in terms of raw time savings and cost efficiencies but is pivotal in the firm’s ability to win new business.
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Entertainment Law & Finance
AI’s Growing Impact On the Gaming Industry
Katherine A. Baker, Jeffrey M. Kelly and Joshua L. Kirschner
The gaming and wagering sector has begun to cross paths with artificial intelligence technology in ways both predictable and unforeseen. As with other industries, AI technology inevitably has found its way into various components of the gaming experience. What is striking, however, is how AI is revolutionizing gaming for operators, regulators, suppliers and patrons alike.
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The Intellectual Property Strategist
Designing the Future: Protecting AR/VR Innovations With Design Patents
By Zachary D. Cleary, Jose J. Jimenez and Taryn A. Elliott
The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.
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Marketing The Law Firm
Online Extra: From Law School to Corner Office: Tips for Crafting An Effective Bio
Meg Pritchard
A well-written and up-to-date bio is both essential and possible for every lawyer, no matter your age, level or practice. Here are some tips for crafting an effective bio as you move through different stages of your practice.
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Cybersecurity Law & Strategy
INFOGRAPHIC: Keeping Up with the Evolving Patchwork of Laws: An Interactive Map of State Privacy Laws
CLS Staff
An Interactive Map of State Privacy Laws
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Cybersecurity Law & Strategy
Happy Anniversary ChatGPT! Leveraging Generative Artificial Intelligence in Your Law Firm Practice One Year into this Disruptive Technology Phenomenon
Joy Holley
While the societal impact of technology is not a new concept, GenAI stands out due to its accessibility to the public and its profound influence on knowledge-based industries like law. In addition to boosting efficiency and productivity, GenAI’s new technological capabilities hold the promise of empowering lawyers to offer more precise and insightful guidance to their clients.
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Cybersecurity Law & Strategy
Testimonial Evidence Technology Is Transforming the Litigation Landscape
Michael T. Murray and Tony Donofrio
Managing and presenting testimony are changing a lot these days thanks to new technology. Some of the innovations lawyers are using to handle depositions, witness statements, exhibits and other evidence more efficiently and persuasively will alter the way matters are handled for the foreseeable future.
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Cybersecurity Law & Strategy
AI and Law Practice: A Roadmap for Success In Modern Legal Firms, Part 2
Melissa “Rogo” Rogozinski and Steve Salkin
Part Two of a Two-Part Article
A report on the September panel discussion sponsored by the Miami Dade Bar Association Law and Technology Committee, on AI and how to effectively use it in law firms.
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Cybersecurity Law & Strategy
Sports Memorabilia NFTs Bring Web of Rights to Negotiate for Athletes, Agents
Andrew Dana
An inside look at the jungle of rights, including insights from a top racetrack executive, on the use of NFTs. We also lay out some practical tips for athletes, agents, and attorneys on how to navigate the digital sports memorabilia landscape, including in contract negotiations and disputes.
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Cybersecurity Law & Strategy
Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective
Amir Kashani, Xuechen (Rebecca) Ding and Aseet Patel
Part Two of a Two-Part Article
In Part One, we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM’s patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we will analyze the claims made in the IBM v. Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.
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Entertainment Law & Finance
Web of Rights In Digital Sports Memorabilia
Andrew Dana
Here’s a look at the jungle of rights, including insights from a top racetrack executive on the use of NFTs. We also lay out some practical tips for athletes, agents and attorneys on how to navigate the digital sports memorabilia landscape, including in contract negotiations and disputes.
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Cybersecurity Law & Strategy
How the Results of the 9th Annual E-Discovery Unfiltered Report Can Help Your Legal Team Plan for 2024
Ari Kaplan
Along with offering key impressions of leading providers in the sector, the "9th annual E-Discovery Unfiltered: A Survey of Current Trends and Candid Perspectives" report identifies the market shifts, pricing patterns, artificial intelligence developments, and data management practices that are driving the transformation of e-discovery.
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The Intellectual Property Strategist
Medical Technology: Recent Decisions At the Federal Circuit and the Patent Trial and Appeal Board
James W. Soong
Recent developments at the Federal Circuit and the USPTO may inform evolving patent strategy on medical technology.
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Commercial Leasing Law & Strategy
Are Law Firms’ Real Estate and Tech Spending Invariably at Odds?
Patrick Smith
But in place of the common assumption from the COVID years that real estate and technology spending were inversely related, it’s becoming increasingly clear that the two line items — which trail only talent on the overall cost hierarchy — have a more complex relationship.
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Cybersecurity Law & Strategy
Emojis in the Workplace: Innocent Fun or Discovery Hazard?
Jessica Lee and Matt Jackson
Emojis can be equally troublesome in any type of business legal case. How are your employees using emojis in text messaging? Awareness can be an important part of risk reduction. We have compiled here a few case law examples where the use of emojis in business communications had surprising legal ramifications.
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Cybersecurity Law & Strategy
Cloud Marketplace: Stretch Your IT Budget by Partnering with Legal
Shannon Smith
By leveraging cloud marketplace solutions, the IT department can help the corporate legal department — and the business as a whole — get more from its software budget.
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Cybersecurity Law & Strategy
Federal District Court Denies Copyright to Visual Art Piece Generated Solely By Artificial Intelligence
Richard L. Hathaway
In August, the U.S. District Court of the District of Columbia affirmed the U.S. Copyright Office’s denial of a copyright application for a visual piece of art generated entirely by an artificial intelligence-driven computer called the “Creativity Machine.” Recognizing that U.S. “copyright law protects only works of human creation,” the court determined that the Copyright Office “acted properly in denying copyright registration for a work created absent any human involvement.”
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Cybersecurity Law & Strategy
Practice Makes Almost Perfect: Test Your Incident Response Plan With Simulated Cyber Tabletop Games
Brandon Hollinder
more businesses are facing legal actions alleging improper preparation to avoid and/or respond to a breach event. Arguably one of the best tools to assist in preparing for and avoiding some of the negative consequences of a cyber event is a tabletop simulation exercise.
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Cybersecurity Law & Strategy
The Rise of AI-Generated Voice Deepfakes
Jeffrey N. Rosenthal
Several tech companies are making strides training speech recognition tools to mimic the speaker’s voice. And while this can improve user clarity and accessibility for those with physical limitations, there is another, more troubling trend: the prevalence of “voice deepfakes” — creating synthetic voices from unknowing (or unwilling) participants using generative artificial intelligence.
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Cybersecurity Law & Strategy
California Privacy Bill Could Upend the Way Data Brokers Do Business In the Golden State
Maria Dinzeo
A California privacy bill that will give consumers the power to delete their personal information through a single request may soon become law, and could upend the way data brokers, advertisers and publishers do business in the Golden State.
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Marketing The Law Firm
AI and Law Practice: Challenges and Opportunities
Melissa “Rogo” Rogozinski and Steve Salkin
As technology continues to advance at an unprecedented pace, legal practitioners are presented with both challenges and opportunities to harness the power of AI in their practices. This article lays out a general roadmap for success in modern legal firms through the strategic incorporation of AI technologies.
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Marketing The Law Firm
Using Articles and Blogs To Grow Business for Attorneys and Law Firms
Elizbeth Lampert and Lara Cupit
By tapping into the potential of written content, you can effectively attract, engage, and convert your target audience, ultimately bringing in more business and contributing to long-term success in the digital landscape.
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Commercial Leasing Law & Strategy
The Complex Relationship Between Real Estate and Technology
Patrick Smith
In place of the common assumption from the COVID years that real estate and technology spending were inversely related, it’s becoming increasingly clear that the two line items — which trail only talent on the overall cost hierarchy — have a more complex relationship.
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Marketing The Law Firm
Online Extra: AI Copyright — Ethical and Legal Considerations for Marketing and Sales
Melissa “Rogo” Rogozinski
Standing still and waiting to take action wasn’t easy, but the patience paid off. Now, I understand some of AI’s limitations and ways to leverage it to propel marketing and sales activities.
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Cybersecurity Law & Strategy
New U.S.-China Investment Dynamic Focuses On AI and Sensitive Technologies
David A. Holley
An Executive Order released by the Biden Administration on Aug. 9 places increased importance on due diligence when investing in specific foreign countries. The Executive Order will regulate outbound investments in China with a focus on key technologies critical to safeguarding U.S. national security, including artificial intelligence.
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Cybersecurity Law & Strategy
New York’s Latest Cybersecurity Commitment
Erik B. Weinick
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York’s inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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Cybersecurity Law & Strategy
Data Breach Defense: Mobilizing Against Weaponized Mass Arbitration
Daniella Main and Brooke Bolender
Most companies have experienced or will experience a data breach. Increasingly, companies also face the risks associated with mass arbitration weaponized by the overwhelming volume of claims after a breach.
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Cybersecurity Law & Strategy
The EU-U.S. Data Privacy Framework: Did Transferring Personal Data from the EU to the U.S. Just Get Easier?
Wim Nauwelaerts
Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.
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Cybersecurity Law & Strategy
10 Steps Legal Departments Should Be Taking to Prepare for the SEC’s Newly Adopted Cybersecurity Risk Governance Rule for Public Companies
Megan Silverman
By readying your company’s cybersecurity program now to comply with the SEC’s cyber rules, you will also arm your company with a better defense against cyberthreat actors, reduce the reputational harm that comes along with a cybersecurity incident and increase investor confidence in the company’s cybersecurity program.
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Cybersecurity Law & Strategy
The Impact of the Supreme Court’s Goldsmith Decision on Copyright Enforcement Against AI Tools
Edward D. Lanquist and Dominic Rota
The U.S. Supreme Court’s opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as “art critics.” Many, however, downplay how the Supreme Court’s decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.
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Accounting And Financial Planning For Law Firms
How to Build the Law Firm of the Future
Joel Wirchin
The onus is on law firm leaders to balance risk and opportunity. How can firms guide through an increasingly perilous landscape rife with opposing hazards to start building the law firm of the future today?
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Cybersecurity Law & Strategy
Top Signs Your Firm Is In Need of Legal Analytics
Aria Nejad
As technology continues to advance, integrating legal analytics into the practice becomes not just a choice but a necessity for staying competitive and providing top-notch legal services in the modern legal landscape.
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Cybersecurity Law & Strategy
AI and Law Practice: A Roadmap for Success In Modern Legal Firms
Melissa “Rogo” Rogozinski and Steve Salkin
This article lays out a general roadmap for success in modern legal firms through the strategic incorporation of AI technologies.
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Cybersecurity Law & Strategy
Cryptocurrency Risk Is Not So Hidden
J. Eric Wise
Cryptocurrency exchanges and law together are an evolving space. As regulation of cryptocurrency advances, and case law and practice develops, more certainty around who holds what in a cryptocurrency exchange failure will develop. In the meantime, knowing the risks, and mitigating the risks where possible, is the prudent course of action for the cryptocurrency investor and trader.
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Cybersecurity Law & Strategy
Canada Leads In Crypto Regulations
Gail J. Cohen
FTX’s collapse pushed Canada’s already robust cryptocurrency regulations further, offering protection to consumers and stability for compliant platforms but resulting in some major global platforms quitting the country because they weren’t willing to comply.
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The Intellectual Property Strategist
The Intersection of Generative AI and Copyright Law
Karl Zielaznicki, Victoria D. Summerfield and Eliza Cen
Whether prompted to write a corporate slogan, create music, generate works of art and advertisements, or summarize a book — GAI can do it all. However, its increasing popularity means that users of GAI programs face substantial intellectual property risks — particularly when businesses use GAI for marketing and other public-facing purposes.
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Cybersecurity Law & Strategy
National Cybersecurity Strategy: Potential Impacts to Consider
Daron Hartvigsen
What are the impacts to civil society and government if the plan works? We should consider that “collecting intelligence, imposing economic costs, enforcing the law, and, conducting disruptive actions” will work by some measure, and if so, the impacts to the cybersecurity ecosystem could be profound.
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Cybersecurity Law & Strategy
How Law Firms Can Avoid A Summer of Cyberattack Threats
Scott Kramer
Summer at law firms creates an attack surface of which hackers love to take advantage. Legal and support staff rotate through vacations and time off, new crops of interns unfamiliar with tech processes enter the fold, and the remaining employees are often burned out and too distracted to notice the critical signs of an impending cyberattack.
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Cybersecurity Law & Strategy
One Overlooked Element of Executive Safety: Data Privacy
Dimitri Shelest
Executives have access to some of the company’s most sensitive information, and they’re increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.
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Cybersecurity Law & Strategy
How Modern Law Firms Are Navigating Digital Transformation
Ari Kaplan
A new report emphasizes the connection between legal technology and law firm success, the importance of training to ensure technology adoption, the influence of automation and document management on digital transformation, and how law firms are deploying data to create a competitive advantage.
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Cybersecurity Law & Strategy
AI-Generated Content, Deepfakes and New Data Push the Limits of Civil Procedure
Jerry Bui
How will traditional tools and techniques need to adapt to handle new data challenges that have never been encountered by digital forensics specialists or lawyers?
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Cybersecurity Law & Strategy
Automating Onboarding and Offboarding Is Key to Legal Industry Transformation
Harold Westervelt
Automate Onboarding & Offboarding Processes for Smoother Transitions
Questions about the role of AI in the legal market continue to dominate current headlines, but firm consolidation remains a big part of the transformation the industry is undergoing. And yes, technology and automation are playing key parts in this. As firms merge or acquire others to expand their capabilities and client base, a streamlined approach to attorney onboarding and offboarding has become essential.
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Cybersecurity Law & Strategy
Cool Your (Data) Jets! Reducing Your Organization’s Carbon Footprint with a Data Retention Policy
Greg Moreman
Despite great strides toward better-for-the-world operating procedures, companies might be surprised to learn that they’re likely overlooking one area of their business that heavily contributes to its overall carbon footprint — data storage. That’s right: storing your company’s data generates emissions. And with the continuous increase in data volumes, the impact will likely only grow.
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