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Analysis

Analysis

'Old Habits Die Hard': Law Firms Struggle to Modernize E-Discovery Operations

Rhys Dipshan | August 21, 2018

The 2018 Law Firm Benchmarking Report found that law firms are under pressure to offer more cost-effective e-discovery services. But it’s an open question whether firms can deliver.

Analysis

Single Sign-On And Identity Providers For Law Firms—The Time Is Now

Kenneth Jones and Emmett Carey, Tanenbaum Keale | August 20, 2018

An identity provider—an online website or underlying service that authenticates internet users by means of security tokens—can be an important piece of the security puzzle and provide value to your enterprise.

Analysis

Critical DFS Cybersecurity Deadline Approaching: Additional Controls Required

Andrew Jacobson | August 17, 2018

The regulation defines “cybersecurity events” as any act or attempt, successful or unsuccessful, to gain unauthorized access to, disrupt, or misuse an information system or information stored on such information systems.

Analysis

The Hardest Part of GDPR Compliance? It May Be the Data Mapping

Dan Clark | August 16, 2018

One expert in GDPR said that the "most common" factor in compliance challenges was that companies didn't know what data they had and where it could be located.

Analysis

3 Takeaways From the Ruling Keeping the Tezos ICO Suit Alive and Stateside

Ross Todd | August 10, 2018

Although U.S. District Judge Richard Seeborg's ruling was far from the final word on whether the Tezos initial coin offering ran afoul of U.S. securities laws, it did offer the judge's early look at some critical issues in the case.

Analysis News

A Big Four-Branded New Law Competitor Could Be a ‘Safe Disruptor’

Roy Strom | August 08, 2018

Ernst & Young is the first of the Big Four to acquire a managed services firm. What happens next?

Analysis

FTC Laser Focused on Paid Social Media Influencer Disclosures

Richard B. Newman | August 08, 2018

There are no magic words when it comes to disclosures. Transparency and clarity are key.

Analysis

Marketers Are Struggling With GDPR Compliance. Is Legal at Risk?

Rhys Dipshan | August 08, 2018

Legal marketers have some advantages on their side when it comes to preparing for the GDPR, but still won’t likely have an easy time navigating certain parts of the new EU law.

Analysis

Summer Internships in Silicon Valley Offer New Route In-House for Law Students

Caroline Spiezio | August 07, 2018

NetApp, Adobe and Google are among the companies tempting law students with summer programs that just might convince them to opt for the in-house path in their legal careers.

Analysis

DHS Has New Cyber Collaboration Center, But Private Companies May Hesitate to Share

Rhys Dipshan | August 07, 2018

With little details on how the DHS’s new National Risk Management Center will operate, success will likely depend on how much cooperation it receives from the private sector.

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Analysis

Five Takeaways from Recent Cybersecurity Developments by Colorado and the SEC

Brian Neil Hoffman, Holland & Hart | August 06, 2018

Colorado recently adopted a new law expanding companies’ obligations in the event of a cybersecurity incident and establishing new data security and disposal obligations. Recent announcements by the SEC likewise emphasize important responsive points for both companies and their personnel.

Analysis

G20 Countries' Cryptocurrency Regulations Highlight Contradictory Blockchain Realities

Rhys Dipshan | August 06, 2018

While blockchain can help support a more transparent and more compliant financial system, it can also significantly undermine the system as well.

Analysis

5 Ways Law Is ‘Taking Up Arms’ Against 3-D Guns

Ian Lopez | August 03, 2018

A look at how lawmakers are looking to put a halt to efforts to publish 3-D gun blueprints on the Web.

Analysis

Giving Away Your Genes: US Laws' Blind Spot With DNA Data

Rhys Dipshan | August 02, 2018

Despite a number of federal and local laws regulating genetic information, there are few laws directly regulating what private genetic testing companies can or can’t do with the data they collect.

Analysis

User Interfaces: Navigating the Patent Eligibility Landscape

Lawrence H. Aaronson and James L. Korenchan, McDonnell Boehnen Hulbert & Berghoff | August 02, 2018

Advances in UI design can provide key competitive differentiation and advantage, which makes protecting them critically important from a business perspective.

Analysis

Cyber Insurance Growing Pains: Sixth Circuit Overturns Email Phishing Ruling

Rhys Dipshan | July 30, 2018

The U.S. Court of Appeals for the Sixth Circuit’s ruling that losses connected to spear phishing attacks are covered under computer fraud policies is likely to shape how cyber insurers’ craft their policies in the future.

Analysis

Can You Patent the Blockchain? That Depends.

Jon E. Gordon, Haug Partners | July 30, 2018

A look at issued blockchain patents reveals that how something is inventive can matter as much as whether it is inventive in the first place.

Analysis

Just How Much Will the EU Impact US Tech, Privacy?

Rhys Dipshan | July 26, 2018

The recent $5 billion antitrust fine levied against Google is far from the only way the European Union is influencing how U.S. tech companies, and U.S. privacy laws, evolve.

Analysis

Foreign Language Documents? Limited Data Set? Today’s E-discovery is Unfazed

Rhys Dipshan | July 25, 2018

By using technology assisted review (TAR) and new machine learning techniques like CAL, even the review of small foreign language document sets, with sparse relevant documents, can be automated.

Analysis

Law Firms and Cyber Insurance: Under-Educated and Overexposed

Shawn Moynihan Shawn Moynihan | July 24, 2018

Law professionals can gain a deeper understanding of the digital threats they face, and why (and how) they can be properly insured.

Analysis

As Genealogy Databases Aid in Crime-Solving, Are Courts Ready to Tackle DNA Privacy?

Max Mitchell | July 23, 2018

Court watchers agree that privacy will be the biggest concern when courts begin to analyze how familial DNA searches are conducted.

Analysis

Looking Beyond Document Review, Legal Is Branching Out With Artificial Intelligence

Rhys Dipshan | July 23, 2018

Artificial intelligence is now finding a home in a host of legal processes, including knowledge management and data management.

Analysis

Dining at Denny’s Brings Adventures in Proportionality

David Horrigan, Relativity | July 20, 2018

Hinostroza v. Denny’s, Inc. provides a proportionality roadmap, illustrating the limits of e-discovery of text messages, email, medical records, social media, and Internet of Things (IoT) data.

Analysis

The Telephone Consumer Protection Act: Do You Have the Correct Consent?

Ana Tagvoryan, Jeffrey Rosenthal and Harrison Brown, Blank Rome | July 18, 2018

The starting point of the consent inquiry is always this: Did the consumer provide his or her telephone number, and if so, what is the content and purpose of the message?

Analysis

5 Cyber Tips for Corporate Legal Departments After the Russian Hacker Indictments

Dan Clark | July 18, 2018

This week's indictment is a reminder that cyber dangers are still very real and provide some teachable moments for in-house counsel.

Analysis

After a Breach, a Company's Biggest Risk Is Its Employees

Rhys Dipshan | July 17, 2018

Simple mistakes by the C-suite and managers can open up a company to regulatory and legal action and cause reputational damage for years to come.

Analysis

Say Goodnight Privacy Shield…

Eric Levy, Husch Blackwell | July 16, 2018

If the US cannot come to an understanding with the European Parliament by September 1, companies that already participate in Privacy Shield may find themselves in limbo. But there are options.

Analysis

Corporate Compliance Efforts in the Dark with California Privacy Law

Rhys Dipshan | July 11, 2018

In-state companies have a lot of work ahead of them to comply with the California Data Privacy Protection Act. But first, they need clarity on how the law will work in practice.

Analysis

Breaches Abound: 3 Factors That Increase Identity Theft Risk

Rhys Dipshan | July 06, 2018

The risk of identity theft in any breach will vary greatly depending on the type of data compromised and the demographics targeted.

Analysis

Is Singapore the Next Center for Legal Innovation?

Anna Zhang | July 05, 2018

The city-state's government has established programs to advance innovation in the legal profession. Can Hong Kong, Asia's other financial center, catch up?

Analysis

5 Best Practices for Successful Law Firm Digital Transformation

Neil Araujo, iManage | July 05, 2018

If you’re looking to do digital transformation right, take these cues from successful digital transformation initiatives in other industries and the law firms who have done it successfully.

Analysis

Why You Shouldn’t Be Complacent About Smart Contracts

Amy Wan, Sagewise | July 03, 2018

The immutability and security of the blockchain make them a powerful tool, but they are not infallible. The blockchain industry needs a solution that allows smart contracts to be judged by their original intent.

Analysis

Making Blockchain Real Using Regulatory Sandboxes

Edward Block and Peter Vogel, Foley & Lardner | July 02, 2018

Blockchain testing in sandboxes is an excellent way to test concepts and refine them through an iterative process, which can help mold the blockchain for a number of different uses.

Analysis

Despite Mixed Legacy, Kennedy's Departure May Mark Major Shift in Privacy Policy

Gabrielle Orum Hernández | June 28, 2018

Justice Kennedy’s absence leaves an open question around the high court’s approach to data privacy and the evolving role of technology.

Analysis

The GDPR Means Changes to E-Discovery Vendor Agreements

Leonard Deutchman, KLDiscovery | June 28, 2018

Typically, a client obtaining e-discovery services enters into an agreement with an e-discovery vendor. But recently, parties are adding a separate set of provisions: obligations arising from the European Union’s General Data Protection Regulation.

Analysis

Visualization Is New Frontier for IP Search Platforms

Rhys Dipshan | June 27, 2018

A push toward visual searches looks to help users navigate an IP market plagued by lack of standardization and overwhelming growth.

Analysis

Law Department Operations Professionals Are Flexing Their Purchasing Power

Brad Blickstein, Blickstein Group | June 27, 2018

LDO professionals have changed the way law departments buy things, which has ripple effects for law firms and legal tech companies.

Analysis

Court Cuts Down Unfettered Discovery in Volkswagen Clean Diesel Case

Mike Hamilton, Exterro | June 26, 2018

The In Re: Volkswagen ruling over FRCP 34 shows courts are looking to prevent fishing expeditions.

Analysis

Potential Clients are Confident in Law Firms’ Cybersecurity. Should They Be?

Rhys Dipshan | June 25, 2018

The perception of law firm cybersecurity by U.S. consumers and small business owners can be at odds with the reality of cyberthreats facing the legal industry.

Analysis

Lexis's Legal Pricing Strategy Has Haters, But Might Be a Risk Worth Taking

Michael Feit, Feit Consulting | June 25, 2018

In this analysis piece, Michael Feit looks at the debate around LexisNexis's strategy of tying its suite of subscriptions to the sale of Lexis Advance.

Analysis

What to Consider When Developing or Refining Your Cyber Incident Response Plan

Michael Leiter, Joe Molosky and Michelle Weinbaum, Skadden | June 25, 2018

Recent events show that companies should consider instituting and strengthening plans for when—not if—they suffer a cybersecurity incident.

Analysis

In Wake of SCOTUS 'Carpenter' Decision, Koh Looks Prescient on Cell Tower Data

Ross Todd | June 22, 2018

In a case over government access to historical cell tower location data, Koh issued a July 2015 decision raising the bar for law enforcement agencies asking to collect the type of cell-tower data routinely used to track criminal suspects’ whereabouts.

Analysis

Security Breach Responses: Inside the Notification Landscape

Bart A. Lazar, Seyfarth Shaw | June 22, 2018

The confusing and conflicting world of contractual requirements and personal data security breach notification laws can add insult and expense to injury, and sometimes adds injury itself.

Analysis

Is Gmail’s New Ephemeral Messaging Service a Threat to Data Retention?

Rhys Dipshan | June 22, 2018

Despite some potential problems with widespread use of Gmail’s “Confidential Mode,” the new ephemeral messaging function can be easily managed from an information governance perspective.

Analysis

What Happens When a Cryptocurrency Becomes a Security? Major Disruption

Rhys Dipshan | June 21, 2018

A class action lawsuit alleging that Ripple Lab’s XRP Cryptocurrency violates securities laws poses existential and potentially far reaching effects for a still-evolving market.

Analysis

The New Normal: 8 Steps to Seeing if Your Company Defends Customer Data

Elizabeth G. Litten, Fox Rothschild | June 21, 2018

A company should put as much effort into defending and protecting its customer data as it puts into defending and protecting its proprietary data and trade secrets.

Analysis

Navigating the Fear and Promise of Artificial Intelligence

Jeff Reihl and Rick McFarland, LexisNexis | June 20, 2018

With the corpus of law data becoming ever-more complex and nuanced, the use of machine-assisted research and analysis is becoming more of a requirement, rather than an option, in the legal profession.

Analysis

Integrating Compliance Data Can Build a Smarter Conduct Risk Management System

Brian Fahey, MyComplianceOffice | June 20, 2018

A new class of automated solutions is focusing on conduct risk management as a cornerstone of the compliance program.

Analysis

Vague on Cybersecurity Requirements, GDPR Worrying Experts Over Security Gaps

Rhys Dipshan | June 19, 2018

Some IT and cybersecurity professionals sees the GDPR’s security requirements falling short, and it’s likely the regulation's malleable mandates are to blame.

Analysis

ABA Model Rule 1.6's Lessons on Maintaining Confidentiality Online

Shari Klevens and Alanna Clair, Dentons | June 18, 2018

Information that is protected as 'confidential' is generally broader than what is considered “privileged.” As confirmed by the opinion, confidential information can include the client’s identity.

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