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Analysis

Analysis

Cybersecurity for Government: Lessons from the Front Line

Roy E. Hadley, Jr., Adams and Reese | October 12, 2018

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 cyber-attacks against governmental entities.

Analysis

Nervous System: What Hollywood Has Taught the U.S. Government About Cybersecurity

David Kalat, Berkeley Research Group | October 12, 2018

The films WarGames and Sneakers did more than just influence the box office—they helped create cybersecurity policy.

Analysis

Do We Need a Private Right of Action Against Machine Bias?

Rhys Dipshan | October 11, 2018

To combat the use of biased decision-making technology by government agencies, some are advocating for a private right of action. But whether such a right works depends heavily on its scope and definitions.

Analysis

What We Learned from the Finalists of Clio's LAUNCH//CODE Contest

Dan Lear, Right Brain Law | October 10, 2018

Right Brain Law's Dan Lear explores the finalists of the innovation competition, who provided 'a thoughtful and valuable contribution if not to the legal world at large, then certainly to the Clio ecosystem.'

Analysis

3 Ways NYC Is Looking to Change US Privacy and Cybersecurity

Frank Ready | October 09, 2018

New York City is stepping to the forefront of municipalities who are actively taking the issue of cybersecurity into their own hands.

Analysis

Reframing GDPR Compliance as a Business Opportunity

Tracie Sokol, Canon U.S.A. | October 09, 2018

GDPR compliance can represent a quantifiable benefit that can make firms stand out against the competition, identifying and connecting efforts to clear ROI for the investment.

Analysis

The Cost of Free Wi-Fi Could Be Private Company Data

Caroline Spiezio | October 09, 2018

Lawyers seeking internet outside of company walls should steer clear of public Wi-Fi, highlighted by the Department of Justice's indictment of Russian hackers last week.

Analysis

France’s Regulatory Guidance on GDPR, Blockchain Leaves More Questions Than Answers

Rhys Dipshan | October 05, 2018

France’s Commission Nationale de l'informatique et des Libertés (CNIL) released guidance on how blockchain can exist in a post-GDPR world. Problem is, they are not sure it completely can.

Analysis Live Coverage

How Blockchain, AI Can Change the Practice of Law

Victoria Hudgins | October 04, 2018

Artificial intelligence and blockchain are the wave of the future for law firms, said a panel at the Clio Cloud Conference.

Analysis Live Coverage

The 3 Phases of a Successful Legal Website Redesign

Zach Warren | October 04, 2018

At LMA Tech Midwest, three firm and law school marketers ran through their processes for undertaking a redesign from genesis through continual improvement.

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Analysis

Who Gets the Bitcoin in the Divorce?

Bari Z. Weinberger | October 04, 2018

In divorce in 2018, there is a new asset in town, and it’s one that comes with considerable controversy and confusion.

Analysis

How Vulnerable Are Law Firms to a Facebook-Style Breach?

Frank Ready | October 03, 2018

Stolen access tokens left up to 50 million Facebook accounts susceptible to hackers. Do law firms have the same vulnerabilities?

Analysis Live Coverage

The GDPR: More a Collaboration Opportunity Than a Data Hindrance?

Zach Warren | October 02, 2018

The GDPR was front and center at the “International e-Discovery and Data Protection” session of Relativity Fest 2018, where panelists said it can be an opportunity to bake privacy into the discovery workflow.

Analysis

After Ringtail Sale, FTI Refocuses on Service Offerings with Kira Partnership

Rhys Dipshan | October 02, 2018

FTI will deploy Kira's AI technology as a standalone tool in contract review projects, as well as integrate the technology into other legal tech platforms— including its recently sold Ringtail software.

Analysis Live Coverage

4 Judges, 4 Cases: The E-Discovery Insights from Relativity Fest's Judicial Panel

Zach Warren | October 02, 2018

Four judges, picked from federal and state courts, investigated cases that could impact the world of e-discovery for years to come during Relativity Fest 2018's judicial panel.

Analysis

‘Deficient TAR Process’ Leads to Discovery Extension

H. Christopher Boehning & Daniel J. Toal | October 01, 2018

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal write: TAR often can make the discovery process faster, less expensive and possibly more accurate, but at times it can fall short at one or all of these objectives. This is especially true in situations where the process part of TAR may be reasonably called into question, as occurred in a recent decision where a party’s motion to extend discovery deadlines was granted by a receptive court.

Analysis

Austin Is Exploring the Future of Blockchain Identity Solutions, but Implementation Isn't Easy

Rhys Dipshan | October 01, 2018

A pilot project launched in Austin, Texas, looks to provide the local homeless population with a way to access their identifying documents. But data regulations and user skepticism stand in its way.

Analysis

The Improved Framework for Investment in Mexican Fintech Companies

Francisco Flores, Winston & Strawn; Gerardo Lemus and Gabriela Pérez, Garrigues | September 28, 2018

With the approval of the Fintech Law, the Mexican fintech industry provides an improved legal framework that offers flexibility and a higher level of protection to foreign investors.

Analysis

All Work, No Jail: Why Mirai Botnet Hackers Likely Escaped Incarceration

Rhys Dipshan | September 27, 2018

The three developers behind the Mirai Botnet were sentenced to support government cybersecurity investigations. But it’s not completely clear how and why they can help.

Analysis

Are Database Systems Patentable?

Rob Maier | September 25, 2018

In his Patent and Trademark Law column, Rob Maier discusses the Federal Circuit's recent decision in 'BSG Tech v. Buyseasons', which found a patent directed to database functionality invalid as not patent eligible. In the process, the court helped to further define the fuzzy line between good and bad database patents.

Analysis

3 Core Considerations for Reducing the Total Cost of E-Discovery

David Carns, Casepoint | September 25, 2018

Organizations evaluating new e-discovery practices and technology investments must carefully analyze the total cost of ownership (TCO)—including both direct and indirect costs—when evaluating their current practices and technologies.

Analysis

EU's Amazon Probe Raises Questions About Data Practices as Basis for Antitrust Enforcement

Caroline Spiezio | September 24, 2018

The EU is examining whether Amazon's practices in connection with its third-party sales data could violate antitrust laws.

Analysis

Time to FedRAMP Up Your Security: Securing Each Link in the E-Discovery Chain

David Greetham, Ricoh | September 21, 2018

Cloud service providers to the federal government must meet the rigorous requirements of the Federal Risk and Authorization Management Program. But securing an entire e-discovery workflow means going even beyond that.

Analysis

Why Are So Many In-House Professionals Joining AI Contract Startups?

Rhys Dipshan | September 21, 2018

They helped transform the legal departments at Microsoft, Google and Hewlett-Packard. But now they’re looking to make a bigger impact on corporate law by joining legal tech disruptors.

Analysis

Blockchain Brings Opportunities, Challenges to Legal Discovery

Adam Brill, Logikcull | September 19, 2018

As more and more data is in blockchains, attorneys will have to interact with it. Blockchain will also become part of litigation without being the central focus as systems move to blockchain implementation. Attorneys will have to take note.

Analysis

Get Cyberrisk-Savvy and Become a Harvard Grad in Nine Weeks

Jared Coseglia, TRU Staffing Partners | September 19, 2018

Jared Coseglia examines Harvard Kennedy School’s online cybersecurity risk management education course for leaders across all professional sectors.

Analysis

A Bevy of Cybersecurity Pitfalls Marred Equifax’s Handling of Insider Threat

Rhys Dipshan | September 18, 2018

Equifax knew its employees were sending confidential data out of the company. So why couldn’t it stop the activity?

Analysis

Robbing a Locked Bank Vault from Home: Legal Issues Raised by Cryptocurrency Frauds

Chris Ott, Davis Wright Tremaine | September 17, 2018

A cryptocurrency wallet can be dispiritingly similar to an in-real-life wallet, whose currency and credit/debit card contents are only as secure as we keep the wallet itself.

Analysis

5 Key Points for Legal From the EU's Controversial Digital Copyright Directive

Dan Clark | September 17, 2018

The EU's attempt to create copyright laws for the internet age has companies and technologists panicking. Here's what law departments should take away.

Analysis

Vermont Continues Its Blockchain Play: A Look Inside the State's New Legislation

Melissa Palat Murawsky, Kathy E. Herman, and Michelle Ann Gitlitz, Blank Rome | September 13, 2018

The bill, which became effective on July 1, is designed to stimulate economic development in Vermont through the promotion of blockchain technology.

Analysis

The Expanding Impact of Legal Procurement

Ari Kaplan, Ari Kaplan Advisors | September 12, 2018

Ari Kaplan went to the Buying Legal Council’s 2018 Legal Procurement Conference and found remarkable alignment of procurement and the provision of legal services.

Analysis

How Hackers Executed One of the Biggest Bank Heists in History

Rhys Dipshan | September 11, 2018

A criminal complaint filed by the Department of Justice shed light on how North Korean hackers stole $81 million from a Bangladesh bank—and how enterprises can protect themselves from a similar fate.

Analysis Expert Opinion

Warranty Period for Non-Functioning Software: Does it Accrue?

Richard Raysman and Peter Brown | September 10, 2018

The warranty is among the most essential terms of a software license, as the provision often concerns the functionality and capability of the software.…

Analysis

The 5 Cyber Threats You Should Worry About For Your Business

Darian Lewis, Relativity | September 10, 2018

Your best overall protection is a fully developed and implemented security program. Security isn’t a product or something you buy, it’s what you do every day.

Analysis

New Jersey, Illinois Online Search Cases Highlight New Front in Firm Rivalries

Scott Flaherty | September 06, 2018

Two recent cases pitting law firms against one another indicate fierce competition among certain types of firms that invest heavily in marketing efforts—and they illustrate how that competition is playing out in a modern, digital age.

Analysis

Authorizing Private Hackback Would Be a Wild West for Cybersecurity

Megan L. Brown and Matthew J. Gardner, Wiley Rein | September 06, 2018

Hackbacks are back in the news, but it may be counterproductive to encourage a wild west for cybersecurity, especially when so much of our lives are bound up in a properly functioning Internet.

Analysis

The Silver Lining of Cambridge Analytica: A Better Way to Capture Online Data

Evan Gumz, Hanzo | September 05, 2018

Before Cambridge Analytica, the potential of social media data was hidden in plain sight. The Cambridge Analytica scandal exposed both the power of that information and the ease of access to it.

Analysis

Gazing Into the Crystal Ball: What's the Future of In-House Tech?

Sue Reisinger | September 05, 2018

The legal ops expansion has been driven not only by rapid advancements in legal technology but also by corporations’ desire to see legal departments run more like businesses.

Analysis

How Does an Outsider Lead an E-Discovery Company? The Caribbean Life Helps

Rhys Dipshan | September 04, 2018

To get up to speed on legal tech demands, industry newcomer Conor Looney, the new CEO of e-discovery and cybersecurity provider LDM Global, is leaning on his international business experience.

Analysis

Law Firms at a Crossroads: The New Paths to Safeguarding Data as Attacks Ramp Up

Brian Lapidus and Keith Wojcieszek, Kroll | September 04, 2018

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.

Analysis

Vegas Court Spotlights the Importance of Custodian Interviews with New ESI Sources

Philip Favro, Driven | August 30, 2018

The Small v. University Medical Center case tackles questions regarding the existence of information exchanged through new communications media or stored in online locations.

Analysis

Encouraging Transparency and Accountability, Advocates Push Governments to Confront Machine Bias

Rhys Dipshan | August 29, 2018

Those looking to combat machine bias in government services are pushing for greater transparency into how technologies like AI work. Will tech companies be willing to cooperate?

Analysis

How Knowledge Management Helped an Insurance Company Cut E-Discovery Costs

Rhys Dipshan | August 22, 2018

The Massachusetts Mutual Life Insurance Co. looked to cut the average cost of handling a matter by 30 percent. But first it had to address an onerous e-discovery process.

Analysis

AI Meets Ethics: Can the Resulting Problems Be Addressed?

Rhys Dipshan | August 22, 2018

By relying on AI software to make decisions, attorneys are potentially leaning on programs whose inner workings may be neither transparent nor easily deciphered.

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?

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