Features

Artificial Intelligence: Knowing When It's Right for Your Firm
Gone are the days when being the best lawyer was enough to guarantee landing and retaining clients. Clients are demanding that firms incorporate automation and increase their efficiency. Clients are relying on automation to streamline the work they outsource, and they expect their law firms to follow suit. To this end and to remain competitive, law firms need to offer their clients innovative solutions and build artificial intelligence (AI) into the core fabric of their practices.
Features

NY AG Proposes Stricter Data Security Laws Citing Equifax Breach
Following the Equifax Inc. breach that compromised personal information of 145.5 million Americans including more than 8 million New Yorkers, Attorney General Eric Schneiderman is proposing comprehensive legislation to tighten data security laws
Features

Data Integrity and Incident Response
The skill required to successfully exfiltrate 143 million records is certainly sufficient to successfully attack the integrity of that very same data. It is generally accepted that cyber criminals have not performed integrity attacks because there is a minimal profit motive: Records have a black-market value; in integrity attacks, there is no deliverable that can be sold. This paradigm may be shifting.
Features

Uber In-House Attorney Out Behind Massive Cyberattack That Went Undisclosed
<b><i>The Company Failed to Notify 57 Million Users of a Breach In October 2016. Two Employees Tasked with Handling the Response Process Have Left the Company, Including Uber In-House Attorney Craig Clark, Who Reported to the Company's Chief Security Officer.</b></i><p>Uber Technologies Inc. failed to notify 57 million users that their data was exposed in a breach, according to a company blog post published on November 21, which was confirmed by a source close to the matter.
Features

<b><i>Legal Tech</b></i><br>Circumstantial Evidence vs. Speculation: What Warrants e-Discovery Sanctions
In today's political climate, it has almost become "normal" that people frivolously make speculative statements without any proof that the statement is true. While this may be standard practice in the political world, in court this practice will not be convincing to any judge, especially when making an argument for e-discovery sanctions based on new rule FRCP 37(e).
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<i>Zeran v. AOL</i> and Its Inconsistent Legacy
<i><b>How the Seminal Fourth Circuit's Ruling Is Applied in Different Circuits</b></i><p>The rule of <i>Zeran</i> has been uniformly applied by every federal circuit court to consider it and by numerous state courts. And it has never been rejected in any precedential opinion. Indeed, it is perhaps a fitting tribute to the viability of <i>Zeran</i> that 20 year later the U.S. Court of Appeals for the Ninth Circuit, in its 12th opinion construing the CDA, barely spent even a sentence affirming dismissal of a defamation claim brought against Facebook over user content, pursuant to the CDA and the rule first developed in <i>Zeran</i>.
Features

Fantasy Sports Dispute Results In New Views On Exceptions to Rights of Publicity
In a case of first impression, the U.S. District Court for the Southern District of Indiana has decided that the newsworthiness and public interest exceptions to Indiana's right-of-publicity statute do apply to online fantasy sports companies that use college athletes' names and likenesses.
Features

What Lies Beneath the Surface: The Dark Web
Nearly all of us access the World Wide Web on at least a daily basis. Yet for many of us, there is a fundamental lack of knowledge about the basic structure of the Internet and the way its different levels interact. This article provides a basic outline of the structure of the Web and some insight as to the purpose for and content housed on each level, as well as give some practical tips to avoid your company's data from ending up on the Dark Web.
Features

When Terms of Use Put 'Reasonably Prudent User' on Notice
On Aug. 17, 2017, the Second Circuit issued its decision in <i>Meyer v. Uber Technologies, Inc.</i>. The appeals court vacated and remanded the trial court ruling by holding that the registration process for Uber Technologies, Inc.'s mobile application formed a legal contract, Less than a month later, the Southern District relied on the <i>Meyer</i> decision in granting the defendant's motion to compel arbitration based on the fact that the design and functionality of defendant's amended terms of use placed plaintiffs' on "reasonably conspicuous notice" of the mandatory arbitration and jury trial waiver provisions.
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9th Cir. Appellate Arguments; FL Sup. Ct. Ruling on Pre-'72 Recordings
Just a few days after the Florida Supreme Court ruled the state's common law doesn't provide pre-1972 sound recordings with rights to public performance royalties, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments on whether remasterings inject pre-1972 sound recordings with federal copyright protection.
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