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Analysis

Analysis

The Struggle to Keep Up With Data Privacy Regulations

Chris Maguire, Thomson Reuters | April 20, 2018

With changes occurring at such a rapid pace across all corners of the globe, it’s not surprising that organizations are increasingly finding themselves inadequately prepared to deal with privacy regulations.

Analysis

What Does the UK’s Top Fraud Investigator Want in E-discovery Tech?

Rhys Dipshan | April 19, 2018

The UK’s Serious Fraud Office has brought in several AI-powered e-discovery platforms to help with its document-intensive cases. But this agency is far from a normal e-discovery buyer.

Analysis

The ABC’s of Using Compliance Technology to Fight Bribery and Corruption

Brian Fahey, MyComplianceOffice | April 18, 2018

Risk management software can prevent anti-bribery and corruption violations while demonstrating to regulators that a company is serious about monitoring its supervised persons.

Analysis

Decisions, Decisions, Decisions: You Can’t Master What You Don’t Measure

Eyal Iffergan, Hyperion Global Partners | April 18, 2018

Attorneys are finding that a quality data stream and audience-specific data models are essential to coping with the realities of the modern legal marketplace.

Analysis

Brexit and IP: Finally Some Real News, and What It Means for Attorneys

Mark Holah, Bird & Bird | April 17, 2018

A look inside the European Commission's updated version of the 'Draft Agreement on the withdrawal of the [UK] from the [EU],' and what it means for intellectual property in the UK.

Analysis

Secure Remote Review: Leveraging the ‘E’ in E-Discovery

Jim Burke, Advanced Discovery | April 17, 2018

E-discovery has access to proven technology tools and can get the right documents in front of the right expert resources securely regardless of their location.

Analysis Investigation

Questions Over Collection and Review Pile Up in Mueller Investigation

Ian Lopez | April 16, 2018

In the ongoing investigation involving evidence of varying data types from various sources, questions over evidence production and review loom.

Analysis

Does Cyberinsurance Cover Phishing Scams? Ask Your Local Federal Court

Rhys Dipshan | April 16, 2018

Federal courts are split on whether computer fraud provisions in cyberinsurance policies cover the actions of employees tricked into sending funds to cybercriminals.

Analysis

ISACA Turns 50 Next Year, But Isn’t Too Old to Reinvent

Jared Coseglia, TRU Staffing Partners | April 16, 2018

Known for its CISA and CISM audit certifications, ISACA pivots toward practical hands-on security training with CSXP.

Analysis

The Law Firm Disrupted: The Most Bedeviling Aspect of Law Firm Change

Roy Strom | April 12, 2018

What the fast greens of the nation's most historic golf course can teach us about the pace of legal industry change.

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Analysis

Facebook Collected Users' Text and Calls Logs. Will the FTC Act?

Rhys Dipshan | April 12, 2018

On Android mobile operating systems, Facebook could bundle its permissions requests, leaving users in the dark about exactly what data the mobile app was collecting.

Analysis

ABA President Challenges Legal Technologists: ‘Be Bold, Be Adventurous, Be Courageous’

Mark Michels, Deloitte | April 12, 2018

At the Stanford CodeX FutureLaw conference, Hilarie Bass noted that the ABA has several initiatives underway to spur technology innovation.

Analysis

What to Expect from Your Mass Notification System

Brett Andrew, AlertMedia | April 11, 2018

Technology can help keep people safe, informed and connected during an emergency. Here are 10 characteristics of modern notification systems.

Analysis

The Essential Ingredients to Rolling Out a Global E-Discovery Playbook

Wendy King and Daryl Teshima, FTI Technology | April 10, 2018

You need experienced people, advanced technology and targeted processes—and there isn’t one that’s more important than the others.

Analysis

Point of Fail? The Aftermath of the Saks Hack

Ian Lopez | April 09, 2018

The breach compromised the data of over 5 million Saks and Lord & Taylor customers. Parent company Hudson's Bay says it's dealing with the situation, though concerns remain.

Analysis

Why State AGs Are Panning Proposed Federal Breach Notification Law

Rhys Dipshan | April 04, 2018

States worry the Data Acquisition and Technology Accountability and Security Act would restrict their ability to go after enterprises that keep breaches hidden.

Analysis

The Return of WannaCry? Why the Ransomware Threatened Boeing

Rhys Dipshan | April 03, 2018

Almost a year old, the WannaCry ransomware still poses a threat to organizations unable to patch or replace their old systems.

Analysis

Federal Judges Give 5 Key Areas of E-discovery Competency

Jon Kerry-Tyerman, Everlaw | April 03, 2018

Magistrate Judge Sallie Kim and District Judge Xavier Rodriguez say they regularly see a high percentage of parties appear before them ill-equipped to succeed on e-discovery challenges.

Analysis

Litigating Cryptocurrency Fraud? Wait for the Right Time and Place

Rhys Dipshan | March 30, 2018

Kobre & Kim litigators found early success going after a cryptocurrency fraudster. But a lot depended on how and where the fraudster transferred the stolen goods.

Analysis

The Role of Artificial Intelligence in Legal Operations

Linda Hovanec, Wolters Kluwer’s ELM Solutions | March 29, 2018

While AI offers great opportunities in cost, efficiency, and productivity benefits, it is people who bring deep insight into an organization’s most challenging problems.

Analysis

Judge's Decryption Order Could Shift the Fifth Amendment Landscape

Ben Hancock | March 28, 2018

In the first such decision in the Ninth Circuit, a federal magistrate judge ruled that a criminal defendant could be compelled to unlock encrypted data because prosecutors could show that he knew the passwords.

Analysis

Inside the CLOUD Act: Parsing the Privacy Implications

Rhys Dipshan | March 28, 2018

One of biggest tech law change in decades, the CLOUD Act has been praised by the largest U.S. tech companies, but panned by privacy and civil rights groups.

Analysis

After UK’s WhatsApp Ruling, GDPR Poised to Rein in Data Sharing

Rhys Dipshan | March 27, 2018

The U.K.’s Information Commissioner's Office ruling that WhatsApp cannot share data with its parent company Facebook portends the even bigger challenges tech companies will face under the GDPR.

Analysis

Law Firms Are Investing in Tech Before It Overtakes Them

Rhys Dipshan | Roy Strom | March 26, 2018

The definition of a law firm is shifting as firms invest in technology to stave off competitors and give clients what they want.

Analysis

How Law Firms Can Prepare for FinTech Wave

Keith Fall and Taylor Miller | March 26, 2018

The innovations and industry disruption should have law firms snapping to attention.

Analysis

Despite Likely Section 230 Cover, Removing 'Fake News' Can be Tricky

Rhys Dipshan | March 22, 2018

Social media companies and websites are likely protected under Section 230 of the Communications Decency Act when removing fraudulent content from their platforms. But that doesn’t make it easy.

Analysis

Developing for Integration: Inside Tell Tali’s Move to Google Home, Slack

Rhys Dipshan | March 21, 2018

Integrating with an internet-of-things smart speaker and an instant message service was no easy feat for the voice-enabled app, requiring flexible development and rethinking the product design.

Analysis

Cultivating Global Trust in Your Data Security and Data Privacy

Paul Domnick, Litera Microsystems | March 20, 2018

A primer on the upcoming GDPR, and how it could impact legal representation and the way data is shared.

Analysis

3 Times the Law Pushed Back on Legal Technology

Rhys Dipshan | March 19, 2018

From bar associations taking on online legal services to concerns over COMPAS’ objectivity, legal technology isn’t always in lockstep with the law.

Analysis

Changing Cyber Law by Creating a Common Vernacular

Jared Coseglia, TRU Staffing Partners | March 19, 2018

(ISC)2, maker of the CISSP®, has launched a lexicon intended for Congressmen as well as common consumers.

Analysis

'Deepfake' Video Editing Tools Animate Fake News. Are They Legal?

Rhys Dipshan | March 16, 2018

The use of new editing tools that superimposes human faces onto videos can run afoul of a host of U.S. laws, depending on how the tools are used.

Analysis

Cut Through the Confusion: 5 Steps to the Right Cyber Insurance Coverage

Judy Selby, Judy Selby Consulting | March 16, 2018

Many small and midsize businesses and law firms are going without cyber coverage, perhaps because of confusion about how to get the right policy. That doesn’t have to happen.

Analysis

The US Senate Is on Track to Pass the Section 230 Bill. Here's What You Need to Know.

Ben Hancock | March 13, 2018

The legislation alternately known as SESTA and FOSTA has gone through multiple iterations. Depending on who you talk to, the latest version is either a welcome compromise or the "worst of both worlds" for internet companies.

Analysis

Data Matters When Investigating Alleged Workplace Misconduct

Sean Tuttle and Patricia Smaldone, StoneTurn | March 13, 2018

Forensic technology can help augment workplace misconduct investigations and can help uncover information required to resolve these matters.

Analysis News

Life in the (Regulated) Fast Lane: Companies Must Navigate Global Privacy Rules on Self-Driving Cars

Caroline Spiezio | March 12, 2018

The race is on to develop the best technology for autonomous vehicles, but there are also drives to increase regulation around the data these cars and trucks collect, a situation that poses challenges for in-house counsel.

Analysis

Software Development Goes Awry When the Underlying Agreement Is Ambiguous

Richard Raysman and Peter Brown | March 12, 2018

Technology Law columnists Richard Raysman and Peter Brown write: one of the law’s most important functions is to resolve interpretative problems created by the use of ambiguous language in contracts; however, by the time a court is deciding the issue, costly litigation may have taken years. In a recent case in Pennsylvania, parties to a software development and license agreement confronted this unfortunate truth, and both left unsatisfied.

Analysis

Virtual and Augmented Reality’s Legal Landmine: User-Generated Data

Rhys Dipshan | March 12, 2018

The content that VR and AR products host—and the data they collect—may put them on a collision course with IP laws.

Analysis

Benchmarking Cybersecurity: CISO Perspectives on Managing Evolving Global Risks

Jessica Block, Ankura Consulting and Ari Kaplan, Ari Kaplan Advisors | March 12, 2018

By emphasizing training, communicating effectively, and acknowledging the increased influence of the cloud, companies of all sizes in most industries are succeeding in greater numbers.

Analysis

Blocking Qualcomm Acquisition, CFIUS Signals Broader Review of Foreign Investments

Rhys Dipshan | March 09, 2018

U.S. supremacy with 5G technology and its ability to set standards for future wireless networks weighed heavily on the committee’s rejection of the proposed hostile takeover.

Analysis

3 Things You Need To Know Before Automating Your Documents

Ondrej Materna and Adela Krepelova, Legito | March 09, 2018

Before beginning the process, it’s important to evaluate just which types of documents are best suited for automation by correctly calculating the project’s ROI.

Analysis

Making the Case for Analytics: How to Persuade Your Team to Jump on Board

John Del Piero, Lighthouse; Jeremiah Weasenforth, Orrick, Herrington & Sutcliffe; and Andrew Pratt, Perkins Coie | March 08, 2018

Six practical ideas for persuading your litigation team members to leverage the power of data analytics in e-discovery.

Analysis

Equifax’s Liabilities Pile on After Discovery of New Compromised Data

Rhys Dipshan | March 07, 2018

After discovering that 2.4 million of its customers had partial driver’s license information stolen, Equifax will likely face renewed questions over the handling of its post-breach internal investigation.

Analysis

Leveraging RegTech to Eliminate Conduct Risk Blind Spots

Brian Fahey, MyComplianceOffice | March 07, 2018

Without the ability to centrally manage conduct risk data, even leading firms that pride themselves on promoting cultures of compliance can easily overlook misconduct that could have been curtailed.

Analysis

Doing Discovery in Japan? Ganbatte! Privacy, Propriety, and Preparation

Michael C. Zogby and Yodi S. Hailemariam, Drinker Biddle & Reath | March 06, 2018

Inside the current data privacy landscape in Japan, with key logistical and cultural issues that practitioners should consider when seeking or conducting discovery in the country.

Analysis

Who's That in the Sky? FAA Poised to Move Forward With Drone ID Rule

Ben Hancock | March 05, 2018

A rule requiring drone identification technology could help pave the way for other, more permissive regulations. But it's up in the air how the FAA will handle legal restrictions on regulating hobbyists and privacy challenges.

Analysis

Statutory Interpretation, Not Tech Specifics, Likely to Decide U.S. v. Microsoft

Rhys Dipshan | March 05, 2018

After the Supreme Court’s oral arguments, the way in which the high court will decide the electronic communications case has come into focus.

Analysis

Law Firm Security Goes Back to School

Nina Cunningham, Altman Weil | March 02, 2018

Through department collaboration, hiring, and government and industry collaboration, law firms can better protect their data and that of their clients.

Analysis

Nervous System: Evaluating TCPA Liability in the Actual Wild West

David Kalat, Berkeley Research Group | February 28, 2018

'Nervous System,' which approaches data privacy and cybersecurity issues from the context of history, continues with a look at the difference between the PBX and autodialer and their roles in litigation through the history of telephony.

Analysis

Retired Federal Judges, Titans of E-Discovery, Debate the Review Revolution

Rhys Dipshan | February 28, 2018

At a recent Cardozo Law event, federal judges known for their e-discovery expertise discuss the state of e-discovery case law and best practices.

Analysis

AI Is Rising, and Governments Are Starting to React

Andrew Burt and Stuart Shirrell, Immuta | February 28, 2018

Recent regulations and bills are the early stages of a reaction to larger trends—each brought about by the increasing adoption of a grab bag of technologies commonly labelled 'AI.'

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Regulators are turning up the heat on companies looking to cash in on the cryptocurrency craze.

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