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Cybersecurity Law & Strategy
2019 Trends Overview: Compliance, Privacy and Security Family Tree
Mark Sangster
In 2019, regulations and laws will continue to define how businesses collect and use consumer data, and their obligations to protect this data from misuse, theft or exposure to unauthorized parties.
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Cybersecurity Law & Strategy
Causation and Harm In Data Breach Litigation
Brian Ellman and Jee-Yeon Lehmann
Demonstrating that a data breach has resulted in an injury-in-fact can be difficult, because it is not always clear what has happened or will happen with the stolen data.
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Cybersecurity Law & Strategy
Implications of GDPR & CCPA on Public Records
Jeff Cox
This article discusses the importance of securing a safe harbor for court records through reviewing an illustrative example of how a European Union (EU) citizen was able to force U.S. legal technology companies to remove and alter court records using GDPR.
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Cybersecurity Law & Strategy
Legal Operations Chiefs Say Managing Technology and Cutting Costs Are Main Priorities, Not Blockchain or AI
Sue Reisinger
In-house legal operations chiefs see their main priorities as managing legal technology and cost-cutting, primarily on outside counsel spending. Blockchain remains a confusing concept to them, while artificial intelligence is the hottest topic of conversation.
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Cybersecurity Law & Strategy
‘Dark Overlord’ Hack Shows Mounting Cyber Risks for Law Firms
Dan Packel
The Hacker Group Wants Ransom Payments from Dozens of Firms Involved In the Sept. 11 Litigation, and Experts Warn That More Attacks Are Coming
Leaders of those law firms are all likely scratching their heads about how to handle a recent announcement from a nebulous hacker entity calling itself the “Dark Overlord,” which claims to be in possession of 18,000 legal and insurance documents pertaining to the court fight.
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Marketing The Law Firm
Digital Dive: How to Create (at least) Nine Pieces of Content in One Hour
Spencer X. Smith
In just one hour, would it be valuable to have at least nine pieces of content that your lawyer clients may use on your website and on social media?
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Business Crimes Bulletin
Sticking a Hand in the Internet Cookie Jar
Jeffrey Higel, Michael Bahar and Mike Nelson
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some…
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The Bankruptcy Strategist
How Bankruptcy Courts Will Treat Cases Involving Cryptocurrency Exchanges
Richard J. Mason
This article looks at some of the issues that may arise if a cryptocurrency exchange becomes a debtor in a case under the Bankruptcy Code.
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Cybersecurity Law & Strategy
Cloudy With a Chance of IoT attacks: The Cybersecurity Forecast for 2019
Leigh-Anne Galloway
2018 was a trying year for the cybersecurity industry, with breaches increasing and showing no signs of slowing as we enter the New Year. 2019 will bring its own threats with the propagation of new technology — 5G and IoT — and their security vulnerabilities. However, there’s also progress on the horizon, thanks to more stringent government regulation and increasing legal action.
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Cybersecurity Law & Strategy
What the U.S.’ Pursuit of Foreign Nation-State Hackers Means for Cybercrime Victims and Targets
Ronald Cheng and Mallory Jensen
For years, the U.S. has maintained an active enforcement campaign against overseas cyber criminals and while these past efforts have not been haphazard, they have not necessarily been part of a specific drive to address the serious issue of foreign cybercrime committed by nation states. Recent announcements by the DOJ show that this enforcement campaign is accelerating and expanding.
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Cybersecurity Law & Strategy
Q&A with Women Leaders in Cybersecurity and Privacy
Adam Schlagman
In 2017, Atlanta attorney Bess Hinson founded the Atlanta Women in Cybersecurity Roundtable, an invitation-only initiative to provide community and resources to advance women in cybersecurity in Atlanta. Here, we speak with some of those women leaders about their biggest security and privacy challenges and why women are pursing legal and other roles in the cybersecurity and privacy field.
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Cybersecurity Law & Strategy
Are Cybersecurity Solutions and Consulting a New Revenue Stream for Law Firms?
Ishan Girdhar
The Big 4 accounting firms have identified legal services as an area for growth beyond traditional financial services and consulting services.
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Cybersecurity Law & Strategy
Detecting, Discovering, and Eliminating Threats
Tyler Young
Defending your corporation from advanced cyber threats is a difficult and never-ending challenge. The attack surface of an organization is constantly adapting to meet the needs of a business and attack vectors are increasing nearly every few hours.
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Business Crimes Bulletin
Fighting Biometric Fraud on the Blockchain
Alastair Johnson
The use of SMS verification codes as a security measure has recently been exposed as a mere stop-gap solution because of the ability of hackers to fraudulently take over phone numbers. Biometrics meanwhile is proving to be one of the best new technologies to combat fraud and identity theft.
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Cybersecurity Law & Strategy
Prepping a Mock Notification Letter Before a Cybersecurity Breach Hits
Stephen Moore
Being prepared for the worst before it even happens can minimize the damage in the event of a cybersecurity incident. To get any company ready for a cybersecurity event, the first step is to organize a team to write a mock breach notification letter that will represent your message to the world about your failure in the event you have a breach.
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Entertainment Law & Finance
Making Sense of YouTube’s Monetization Policies
Gwendolyn Seale
This article delves into YouTube’s policies for channel monetization, explores the different streams of revenue an artist or creator may be entitled to receive for their works, and offer suggestions to indie creators and more established creators, so they can meet these new thresholds.
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Cybersecurity Law & Strategy
Legal Tech: Moving to the Cloud for Business Continuity Planning
Jonathan Reed
In the past year, the devastation caused by natural disasters has been immense. Law firms, like every other business, are left to deal with the aftermath of these catastrophic events. Firms that have established business continuity plans to put into effect when these instances occur will find themselves a step ahead in the disaster recovery process. And the ones leveraging cloud technology are at an even greater advantage.
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Entertainment Law & Finance
Risks in Online Collection of Children’s Data
Jeffrey Higel, Michael Bahar and Mike Nelson
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some pose security risks and privacy risk, like those present in voice-activated devices — especially for children. For manufacturers, they also pose regulatory litigation and insurance risks, especially when children end up using their “smart” products.
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Cybersecurity Law & Strategy
Sticking a Hand in the Internet Cookie Jar
Jeffrey Higel, Michael Bahar and Mike Nelson
Why Collecting Children’s Online Data is a Risk
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. For manufacturers, they also pose regulatory litigation, and insurance risks, especially when children end up using their “smart” products.
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Cybersecurity Law & Strategy
Are You Prepared? Dealing with GDPR-like Rules Spreading Across the Nation
Mark Sangster
California’s Consumer Privacy Act, signed into law earlier this year, follows a growing line of consumer privacy laws, such as the European General Data Protection Regulations (GDPR), Canadian Breach of Security Safeguards Regulations of the Personal Information Protection and Electronic Documents Act (PIPEDA), and related New York Department of Financial Services Cybersecurity Rules and Regulations (NYCRR 500).
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Cybersecurity Law & Strategy
Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things
Michael Bahar, Frank Nolan and Trevor Satnick
Companies Impacted By California’s SB-327 — Especially Manufacturers and Distributors of IoT Devices — Should Work to Ensure Compliance With the Act As Soon As Possible If Regulatory Fallout Is to Be Avoided Come January 2020
While a great deal of attention has focused on the California Consumer Privacy Act, California also passed a less-publicized, but highly critical, statute that will regulate certain aspects of Internet of Things device security.
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Cybersecurity Law & Strategy
How Legal Teams Can Leverage AI
Rebecca Yoder
Artificial intelligence and automation are creeping into the workplace of every industry, bringing the added benefits of efficiency and security. As more organizations implement AI solutions across their departments, businesses still relying on outdated, manual processes will fall behind.
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Cybersecurity Law & Strategy
The Blockchain Can Finally Secure Supply Chains Against Cyberattacks
Adrian Clarke
Cyber criminals looking for new ways to exploit company networks are turning their focus to the privileged network access given to the many players involved in supply chains. As supply ecosystems grow, and points of vulnerability proliferate, businesses will have to turn to distributed ledger technology.
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Cybersecurity Law & Strategy
Worried About Complying with ABA Opinion 483 on Cybersecurity? Fear No More
Larry J. Hershman and Jeffrey S. Brenner
In response to the omnipresent threat of cyberattacks, the ABA issued Formal Opinion 483, which addresses the obligations imposed upon lawyers to safeguard their clients’ data. Here’s how to achieve compliance.
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Cybersecurity Law & Strategy
Legal Tech: Cloud and Security Considerations for e-Discovery
Stephen Ehrlich
E-discovery presents some special considerations that need to be examined before deciding what is best for your organization and really taking a stand in the on-premises vs. cloud debate.
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Cybersecurity Law & Strategy
Legal Tech: Cases Highlighting Judicial Discretion in Ordering E-Discovery Sanctions
Mike Hamilton
Three cases from the summer of 2018 reinforce some of the key themes of recent e-discovery case law
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Entertainment Law & Finance
Abandonment Defense Stays in Copyright Suit on Filesharing
Zach Needles
Malibu Media LLC is by now well-known as a frequent filer of copyright infringement lawsuits nationwide against Web users alleged to have illegally downloaded and shared the company’s adult films. But a federal judge in Pennsylvania recently said it should be up to a jury to decide whether the company is entitled to stake a claim to those copyrights in the first place.
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Marketing The Law Firm
Social Media Scene: The Easy Path to Success on Social Media — The 1% Rule of the Internet
Spencer X. Smith
You may have read a dozen “How To” articles about cracking the algorithms — which sound very mathematical — of any social media platform, but at the end of the day, you’re communicating with people.
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Accounting And Financial Planning For Law Firms
The Strategy of What You Don’t Invest In
Scott McFetters
Advanced technology isn’t free. Outfitting your team with equipment that will move the needle can require an impossibly large capital outlay. The solution may not be, therefore, to purchase all that gear. It may be to lease or finance it.
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Cybersecurity Law & Strategy
Elections: The Hidden Security Danger for Governments
Roy E. Hadley, Jr.
The news is replete with alleged actions of foreign governments and hackers trying to impact the democratic election process in the United States. It is incumbent upon the state and local governments to ensure the security of all elections.
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Cybersecurity Law & Strategy
Why Do Cybersecurity Programs Fail?
Chris Moschovitis
It seems this should be a key question for everyone in business, government, technology, and cybersecurity: If we know the problem with cybersecurity, and have ways of methods of addressing the problem, why are we still failing?
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Cybersecurity Law & Strategy
Cybersecurity Ranks Among Top Concerns of Corporate Legal Departments
Chris Maguire
A survey of more than 460 attorneys and decision makers working in corporate legal departments nationwide found that in-house teams, already stretched by limited resources, are confronting new and traditional challenges. Cybersecurity ranked among legal departments’ biggest concerns for 2018.
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Cybersecurity Law & Strategy
Phishing for Whales with Spears
Eli Nussbaum
What Your Organization Can Do to Protect Itself from Email-Based Attacks
There’s no question that email has revolutionized the way we operate. Unfortunately, for all of its convenience, email has opened the door to serious security threats that include viruses, malware and fraud. Phishing scams have become a widespread problem — you’d be hard pressed to find anyone who hasn’t been on the receiving end of a phishing attempt.
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Cybersecurity Law & Strategy
Understanding the Intersection Between GDPR and Cybersecurity
Jake Frazier and Anthony J. Ferrante
It’s been about half a year since Europe’s General Data Protection Regulation (GDPR) was activated, and corporate legal, privacy and compliance teams are beginning to adjust to the new lay of the land. We’ve seen early examples of enforcement activity, and those are helping organizations better understand the long-term landscape for compliance.
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Cybersecurity Law & Strategy
Legal Tech: Stop, Collaborate and Listen -- Collaboration Tools Are a Brand New Invention
Michele C.S. Lange
Today’s workplaces require tools that enhance employee productivity and provide the flexibility to never miss a critical business opportunity. Organizations in other industries have already experienced the benefits of enterprise collaboration, and now this technology is making its way into the legal sector. The rise of enterprise collaboration is redefining the modern law firm and legal department.
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Cybersecurity Law & Strategy
Unprepared for a Cyberattack? The DOJ Wants to Change That
Phillip Bantz
New U.S. Department of Justice Cybersecurity Guidelines Stress Preparedness Amid Reports That Many Organizations Have Failed to Plan for a Breach
Data protection tips are virtually everywhere these days. So it’s hardly surprising that the U.S. Department of Justice has released new guidelines on that very topic. The UK’s National Cyber Security Centre is poised to follow suit.
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Cybersecurity Law & Strategy
Robbing a Locked Bank Vault from Home: Legal Issues Raised by Cryptocurrency Frauds
Chris Ott
The advent of cryptocurrencies has raised a host of legal issues; some of the most immediate ones — such as whether cryptocurrencies are securities — appear to have been resolved, but cryptocurrency theft remains a major concern for traders and investors given that billions of dollars of cryptocurrency are stolen every year.
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Cybersecurity Law & Strategy
Meritas’ New Cybersecurity Standard Requirement Assures Legal Clients
Victoria Hudgins
Meritas, a nonprofit association of law firms, now requires its law firm members to follow a new cybersecurity standard. The reason for this new standard? Law firms’ clients.
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Cybersecurity Law & Strategy
*BREAKING NEWS* Consilio Acquires E-Discovery Solutions Provider DiscoverReady
Zach Warren
Continuing its run of recent M&A activity, Consilio CEO Andy Macdonald said DiscoverReady has been on his radar for managed review he called “head and shoulders” above the competition.
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Cybersecurity Law & Strategy
The Blockchain Will Support GDPR, but Not How Most People Think
Michael Smolenski
It’s clear that the onset of GDPR regulations and a quickly changing consumer sentiment about the sensitivity and value of their personal data will reorient a company’s interactions with their customers and their information. There will be some pain points in this transition, as Facebook investors recently demonstrated, but it doesn’t have to be a unilateral downturn for the tech industry.
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Cybersecurity Law & Strategy
Online Extra: Severity of Data Breaches Increases In First Half of 2018
Zach Warren
Gemalto’s 2018 Breach Level Index found 4.5 billion records were stolen, lost or compromised worldwide in the first half of 2018, a 133 increase over the first half of 2017.
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Cybersecurity Law & Strategy
Cybersecurity for Government: Lessons from the Front Line
Roy E. Hadley, Jr.
During the time it takes you to read this article, somewhere in the United States, a governmental entity will probably be the victim of a cyber-attack. This article highlights the areas that are most impactful, based on experience in dealing with both large and small cyber-attacks against governments and governmental entities.
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Cybersecurity Law & Strategy
Update on UK Sanctions, Anti-Money Laundering and Brexit
André Bywater and Jonathan Armstrong
This article provides a brief education about where things currently stand in the UK as regards to sanctions and anti-money laundering in the shifting sands of the Brexit process.
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Marketing The Law Firm
‘Cause We Are Living in a Digital World …
David McCann
As with traditional branding, a digital brand is simply the perception individuals have of a business or organization online. Digital branding is a brand management technique that uses a combination of Internet branding and digital marketing to develop a brand over a range of digital venues, including Internet-based relationships, device-based applications and media. The objective is to establish and build trust with potential clients, especially while they are in the decision phase of the selection process.
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Cybersecurity Law & Strategy
Cybersecurity and Email
Bill Ho
In the legal community, professionals have embraced email. However, as increasing concerns and regulations around data security continue to evolve, the future of digital communication via email may not meet the more stringent requirements.
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Cybersecurity Law & Strategy
Fighting Biometric Fraud on the Blockchain
Alastair Johnson
The use of SMS verification codes as a security measure has recently been exposed as a mere stop-gap solution because of the ability of hackers to fraudulently take over phone numbers. Biometrics meanwhile is proving to be one of the best new technologies to combat fraud and identity theft.
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Marketing The Law Firm
Marketing Tech: How CMOs Can Use Retargeting to Attract New Business
Larry Bodine
Retargeting combines two of the most important aspects of digital marketing: automation and personalization. Marketers use retargeting to stay in front of the consumer across devices and to ultimately try to reach them at the right time — the moment of purchase intent.
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Cybersecurity Law & Strategy
Law Firms at a Crossroads: The New Paths to Safeguarding Data as Attacks Ramp Up
Brian Lapidus and Keith Wojcieszek
How do you protect your firm? The vast majority of cyber-related vulnerabilities can be traced to staff and third parties who accidentally or deliberately don’t follow security protocols or are tricked into downloading malicious code.
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Cybersecurity Law & Strategy
Retail Leads the Way in Data Breaches — Here’s How to Protect Your Customers
Paige Schaffer
If 2017 was considered the “year of the data breach” as the number of incidents hit a new record high of 1,579, 2018 might get even more serious. Just a little more than halfway through 2018, the number and scale of data breaches that have already been reported is staggering.
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Cybersecurity Law & Strategy
Cybersecurity Roundtable: Chicago’s Tech Experts Answer Three Critical Cybersecurity Questions
Adam Schlagman
Earlier this summer a group of security-minded executives in Chicago, long a hub for legal and financial tech, sat down for a panel discussion on anticipating and combatting cybercrime.
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