Cybersecurity

Legaltech News |News

Companies Shifting Data Breach Focus From Risk Management to Response Tools

Victoria Hudgins | February 19, 2019

Respondents said risk and compliance automation tools are the most effective at securing their organization from cyber threats. However, many said breach response and forensics tools could offer additional cybersecurity effectiveness in the coming years.

Corporate Counsel |Expert Opinion

Real World Scenarios for the California Consumer Privacy Act

Kelly Wilkins | February 15, 2019

The California Consumer Privacy Act (CCPA) launches on Jan. 1, 2020. Businesses are wisely beginning to prepare. As we start looking at the practicalities, here are some potential real world scenarios and solutions to consider.

Daily Business Review |Commentary

Don't Trifle With Trifling Damages in Florida Data Breach Cases

Nicole Rekant and Stevan Pardo | February 15, 2019

A significant roadblock for plaintiffs in data breach cases in Florida is the threshold issue of Article III standing. Plaintiffs must show an actual or imminent injury.

Legaltech News |Commentary

Inside the Implications of GDPR & CCPA on Public Records

Jeff Cox, UniCourt | February 15, 2019

Contrasted with GDPR, CCPA sets a crucial distinction between personal information and publicly available information obtained from government records.

Daily Business Review |Commentary

When It Comes to Cybersecurity Litigation, an Ounce of Prevention Is Worth a Pound of Cure

Jacey Kaps and Steve Berlin | February 14, 2019

It was recently revealed that Amazon inadvertently exposed names and email addresses of some of its members due to a technical issue. Since the initial release the company has not provided much more detail.

Legaltech News |Analysis

Breach Notification Backlog Could Delay Fines Under the GDPR

Frank Ready | February 12, 2019

It may be too soon to identify any trends in the fining practices of data protection agencies in accordance with the European Union's General Data Protection Regulation.

{kicker!}

Legaltech News |Slideshow

5 Things That E-Discovery Professionals Have to Consider in a Mobile and Global World

Frank Ready | February 12, 2019

There are new pitfalls and opportunities waiting to greet e-discovery professionals in a world that restricts most of its conversations to text messages and chat platforms but has more privacy safeguards than ever before.

Legaltech News |Analysis Live Coverage

20 Tips for Getting a Handle on Your Cybersecurity and Privacy Structure

Zach Warren | February 11, 2019

At the ctrl ALT del conference, Microsoft's Dennis Garcia ran down 20 factors that attorneys and legal technologists should always consider when it comes to security and privacy.

Daily Business Review |Commentary

Fla. Courts Require Actual Injury to Demonstrate Standing in Data Breach Cases

Nicole Rekant and Stevan Pardo | February 11, 2019

The proliferation of data breach cases in Florida courts has focused on Article III standing. To meet the pleading standard under Article III, a plaintiff must allege sufficient facts to show the injury-in-fact is concrete, particularized, actual, and imminent, not conjectural or hypothetical.

New York Law Journal |News

Protect Your SIM Card: Hackers Are Targeting Your Cellphone

Victoria Hudgins | February 08, 2019

The Manhattan District Attorney Office announced on Feb. 1 the first prosecution of SIM swapping in New York state when it indicted a 20-year-old Ohio man for allegedly stealing roughly $10,000 in cryptocurrency from three victims.

Legaltech News |News

Protect Your SIM Card: Hackers Are Targeting Your Cellphone

Victoria Hudgins | February 08, 2019

SIM swapping is on the rise and those with sensitive data—including lawyers—are big targets for such schemes, cybersecurity experts said.

Legaltech News |Commentary

How to Demonstrate Causation and Harm In Data Breach Litigation

Brian Ellman and Jee-Yeon Lehmann, Analysis Group | February 08, 2019

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.

Law.com |Analysis

2018 Trends Overview: Compliance, Privacy and Security Family Tree

Mark Sangster | February 08, 2019

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.

The Recorder |Commentary

Data Breaches: A Decentralized Solution to a Typically Centralized Problem

Chris Schwarz | February 07, 2019

It is only natural to centralize important data and documents. But the potential benefits of a decentralized means of storage cannot be underestimated.

New York Law Journal |Analysis

New Tools for Old Rules: How Technology Is Transforming the Lawyer's Tool Kit

Devika Kewalramani, Liberty T. McAteer and Gregory S. Shatan | February 07, 2019

Until the time that lawyers and law firms begin to treat information security and data privacy awareness and diligence as key components of their practice management—on an even footing with other critical issues such as conflicts of interest, confidentiality and privilege—our collective blind spot will continue to be a target for rogue actors.

Law.com |News

MDL Panel Sends Marriott Data Breach Cases to Maryland

Amanda Bronstad | February 07, 2019

On Wednesday, the U.S. Judicial Panel on Multidistrict Litigation appointed U.S. District Judge Paul Grimm to oversee more than 80 class actions against Marriott.

Legaltech News |News

Report: Legal Departments Should Prepare for More Cross-Border Cybersecurity Incidents

Phillip Bantz | February 07, 2019

New report from Mayer Brown highlights key issues that companies and legal departments should expect to confront in responding to cross-border cyber incidents.

Corporate Counsel |News

Report: GDPR-Compliant Companies Experience Shorter Sales Delays

Dan Clark | February 06, 2019

Robert Waitman, director of data privacy at Cisco, said there are a variety of reasons why companies in compliance with the GDPR are seeing this trend.

Corporate Counsel |News

Report Warns Legal Departments to Prepare for More Cross-Border Cybersecurity Incidents

Phillip Bantz | February 06, 2019

New report from Mayer Brown highlights key issues that companies and legal departments should expect to confront in responding to cross-border cyber incidents, from managing multinational forensics investigations and global legal risks to strategically engaging with law enforcement in different jurisdictions, preserving privilege and dealing with the extraterritorial application of data privacy and security laws.

Legaltech News |Commentary

Ohio's Recently-Enacted Data Protection Act Creates a Shield Against Data Breach Lawsuits

David J. Oberly, Blank Rome | February 06, 2019

For businesses who implement reasonable security measures, Ohio becomes the first state in the nation to implement a law that affords a data breach safe harbor.

Law.com |

How I Made Partner: Baker McKenzie's Brandon Moseberry

Jonathan Ringel | February 06, 2019

Learn to make yourself indispensable by developing a subject matter expertise and taking ownership of matters, as well as learning to not be selfish with your time.

Legaltech News |News

Deloitte, Relativity Partnership Produces First Innovation: A FOIA Workflow Tool

Frank Ready | February 05, 2019

Deloitte's new disclosure solution, which was built on Relativity's platform, could help expedite data requests made under the Freedom of Information Act.

Corporate Counsel |News

FINRA Report on Best Cybersecurity Practices Is Must-Read, Alston & Bird Lawyer Says

MP McQueen | February 04, 2019

Cybersecurity practices must “be appropriately tailored to the entity. It should be risk-based, based on risk to your organization,” said Peretti, who formerly was a senior litigator for the U.S. Department of Justice's Computer Crime and Intellectual Property Section.

Corporate Counsel |

A Plea for Protection: Will a Federal Data Privacy Law Save the Day?

Dan Clark | February 04, 2019

Lisa Malloy, the head of U.S. government affairs at Intel Corp. said that if there was ever a time a federal data privacy regulation will be passed, 2019 will be the year, as more and more people have become aware of how much of their personal information is on the internet, and they are more aware of the risks of having that information exposed.

Legaltech News |Commentary

Nervous System: Remembering the Dawn of Spam

David Kalat, BRG | February 04, 2019

In this month's look at the history of cybersecurity, David Kalat remembers the ARPAnet and how today's spam came from opportunistic beginnings.

The Recorder |Expert Opinion

Look Out for the 'Look Back'—Begin CCPA Prep Now

Tarah Powell-Chen | February 01, 2019

To comply with the CCPA look-back provision, businesses should have begun record-keeping as of Jan. 1, 2019.

Daily Report Online |Commentary

'Cybersecurity' and 'Privacy' Aren't the Same Thing

Sam Olens | February 01, 2019

As with any government action, a balanced approach that does not inflict unnecessary and unduly burdensome regulations should be taken with respect to the protection of personal data.

Legaltech News |Event

Finding the Right Cloud Service in the Age of the GDPR

Frank Ready | February 01, 2019

The “Information Governance in the Cloud: Compare and Contrast” panel helped wind down Legalweek with a look at the important things to consider when choosing a cloud service in the GDPR era.

Legaltech News |Event

How Soon Is Too Soon When Notifying Consumers After a Breach?

Frank Ready | January 31, 2019

“The State of Data Breach Litigation: What You Need to Know and How to Protect Yourself” at Legalweek 2019 explored the aftermath of a breach and some important things to consider when looking at cyberinsurance coverage.

Corporate Counsel |Analysis

Converging Risks Defy Traditional Corporate Compliance Silos

Jo Ritcey-Donohue | January 31, 2019

Global companies face increasingly complex compliance challenges as risks related to imports, exports, economic sanctions, money laundering and cybersecurity evolve and converge.

Legaltech News |Live Coverage

Practice Makes Perfect When It Comes to Data Incident Response

Victoria Hudgins | January 31, 2019

Time is critical when a data incident or breach occurs and the best time to practice against and assess such events is now and frequently, lawyers and cybersecurity specialists said.

Legaltech News |Event

Lawyers Are Considering Benefits Over Risk With the Cloud

Frank Ready | January 30, 2019

“The International Legal Cloud 2019: Discovery Security and Business Considerations,” panel at Legalweek 2019 explored the deepening relationship between attorneys and the cloud.

Legaltech News |Event

Collaboration Is Crucial to Cross-Border Investigations in a GDPR World

Frank Ready | January 30, 2019

The “Cross-Border Investigations: Protecting the Privilege and Meeting Privacy Expectations” panel at Legalweek 2019 looked at how e-discovery professionals and lawyers are adapting to the GDPR and other international privacy regulations.

Corporate Counsel |News

Intel Releases Second Draft of Data Privacy Bill

Dan Clark | January 29, 2019

Intel Corp. released a second version of its data privacy bill, named the Innovative and Ethical Data Use Act, on Monday after getting comments from industry experts on the first draft bill it released in November.

Corporate Counsel |News

5 Ways to Increase Data Privacy Efforts, According to Top Chief Privacy Officers

Caroline Spiezio | January 29, 2019

Chief privacy officers from Visa, Microsoft and other large companies shared their advice and predictions for the future of data privacy at an event Monday.

The Recorder |Update

Judge Hammers Plaintiffs Counsel, Rejects Yahoo Breach Settlement

Ross Todd | January 29, 2019

U.S. District Judge Lucy Koh questioned why it took 32 firms to work on legal issues she labeled "not particularly novel." She called Yahoo's track record of nondisclosure and lack of transparency "egregious."

Litigation Daily |News

Hammering Plaintiffs Counsel, Judge Rejects Yahoo Breach Settlement

Ross Todd | January 29, 2019

U.S. District Judge Lucy Koh questioned why it took 32 firms to work on legal issues she labeled "not particularly novel." She called Yahoo's track record of nondisclosure and lack of transparency "egregious."

Legaltech News |News

Shut Out: Little Recourse for Those Affected by Post-Shutdown Cyber Issues

Victoria Hudgins | January 29, 2019

As federal employees return to work, government agencies will be checking for hacks, according to media reports. But if sensitive data is breached, could the agency be held liable?

Legaltech News |News

European Commission Statistics Show Number of GDPR Complaints Rising

Frank Ready | January 29, 2019

Data released by the European Commission shows that the number of complaints issued under the European Union's General Data Protection Regulation is rising. Notably, complaints spiked in last December and this January.

Daily Report Online |News

Judge OKs Equifax Lawsuits Over Massive Data Breach

R. Robin McDonald | January 28, 2019

U.S. District Chief Judge Thomas Thrash Jr.'s ruling called the 2017 data breach "unprecedented."

Litigation Daily |News

Georgia Judge OKs Equifax Lawsuits Over Massive Data Breach

R. Robin McDonald | January 28, 2019

U.S. District Chief Judge Thomas Thrash Jr.'s ruling called the 2017 data breach "unprecedented."

New Jersey Law Journal |

BAR REPORT - Capitol Report

New Jersey State Bar Association | January 28, 2019

State bar task force urges global uniformity for cybersecurity policies

Legaltech News |Q&A

'Women Have an Enormous Opportunity': A Q&A with the Atlanta Women in Cybersecurity Roundtable

Adam Schlagman | January 28, 2019

Cybersecurity Law & Strategy spoke 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.

Law.com |Q&A

Q&A with Women Leaders in Cybersecurity and Privacy

Adam Schlagman | January 25, 2019

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.

The Recorder |Expert Opinion

Anticipating the Flood of Cybersecurity Litigation Under the CCPA—What to Do About It

Ian Ballon and Rebekah Guyon | January 25, 2019

The CCPA is extremely broad in scope compared to other U.S. privacy laws; it applies to the use of personal information about California residents—rather than regulating the use, collection and dissemination of information obtained by companies from consumers.

Legal Week |News

Hogan Lovells partner who watched adult video at work leaves firm

Hannah Roberts | January 25, 2019

The partner has been investigated internally since the incident came to light in November

Law.com |Analysis

Cases Highlighting Judicial Discretion in Ordering E-Discovery Sanctions

Mike Hamilton | January 25, 2019

Three cases from the summer of 2018 reinforce some of the key themes of recent e-discovery case law.

The Recorder |News

Dentons Lawyer Wired $2.5 Million to Scam Bank Account in Elaborate Con

Scott Flaherty | January 24, 2019

According to a court ruling, an associate in Vancouver was duped into wiring the money to a Hong Kong bank account by fraudsters with knowledge of the firm's work on a real estate deal.

Corporate Counsel |Q&A

Sprint's Susan Duarte Battles Crises by Staying Calm

Caroline Spiezio | January 24, 2019

Susan Duarte has dealt with serious situations during her 14 years in-house at Sprint. The key to getting through them? Staying calm and, if possible, planning ahead.

Daily Report Online |News

Former LabMD Chief Who Beat FTC at 11th Circuit Turns His Experience to Cybersecurity

Greg Land | January 23, 2019

Michael Daugherty has launched a series of programs bringing together lawyers, security experts and corporate executives to promote cybersecurity strategies.

Legaltech News |Analysis

Could the GDPR 'Right to Access' Make Personal Data More Vulnerable?

Frank Ready | January 23, 2019

Under the EU's GDPR consumers may request a copy of the data companies have collected from them. But if a bad actor takes control of that account, it could put the data at greater risk.

Legaltech News |News

Dentons Lawyer Wired $2.5 Million to Scam Bank Account in Elaborate Con

Scott Flaherty | January 23, 2019

According to a court ruling, an associate in Vancouver was duped into wiring the money to a Hong Kong bank account by fraudsters with knowledge of the firm's work on a real estate deal.

The American Lawyer |News

Dentons Lawyer Wired $2.5 Million to Scam Bank Account in Elaborate Con

Scott Flaherty | January 22, 2019

According to a court ruling, an associate in Vancouver was duped into wiring the money to a Hong Kong bank account by fraudsters with knowledge of the firm's work on a real estate deal.

Legal Week |News

Dentons lawyer wired $2.5m to scam bank account in elaborate con

Scott Flaherty | January 22, 2019

According to a court ruling, an associate in Vancouver was duped into wiring the money to a Hong Kong bank account by fraudsters with knowledge of the firm's work on a real estate deal

The Legal Intelligencer |Commentary

Technology Learning Curve Requires Patience, but It's Worth It

Michael H. Payne | January 22, 2019

I find it interesting that some of the younger attorneys I know, and most of the older ones too, do not share my fascination with computer technology. Perhaps my interest is not shared by younger attorneys because they find no novelty in something they have lived with for most of their lives.

Legaltech News |News

Legal Technologists Seeing Wide Variety of Employee Benefits, Salary Report Says

Zach Warren | January 22, 2019

Special Counsel's 2019 Salary Guide found that about half of all in-house departments and law firms offer employees the option to work from home or remotely, among other benefits.

Legaltech News |News

Clock's Still Ticking Despite Lack of Deadline in Mass. Breach Law

Victoria Hudgins | January 22, 2019

New amendments to Massachusetts' data breach notification law do not place specific time frames for notifying regulators. But lawyers said breach entities still need to provide notification as soon as possible.

Legal Week |Commentary

Seven questions to make sure you're not missing the point on legal tech

Ron Friedmann and Nigel Rea | January 21, 2019

This article sets out seven key questions to ask yourself when considering adopting new legal technology

Legaltech News |Commentary

2019 New Year Preparation: What Every Law Firm IT Professional Needs to Know

Eli Nussbaum, Keno Kozie Associates | January 18, 2019

As the new year begins, it's time to make sure that all of your policies and systems are up to date. Now is the perfect time to review and update or add any necessary systems and policies to ensure your data is secure.

The Legal Intelligencer |News

Four Tech Lawyers Decamp Fox Rothschild for K&L Gates in Chicago

Lizzy McLellan | January 17, 2019

Daniel Farris said the group was seeking an international platform and the ability to offer alternative fee arrangements.

Corporate Counsel |News

Experts: Pre-emption in Rubio Data Privacy Bill May Make It Difficult to Pass

Dan Clark | January 17, 2019

Republican Sen. Marco Rubio is the latest to introduce a federal data privacy bill. However, its pre-emption of existing state laws makes experts question if it will pass.

Legaltech News |Commentary

Transforming Law Firm Culture to Ensure Information Security

Christopher Combs and Michael Lester, WindTalker | January 17, 2019

Changing the culture of law firms when it comes to information security has less to do with age and generational differences and more to do with acknowledging and accepting the current environment.

Legaltech News |Commentary

Are Cybersecurity Solutions and Consulting a New Revenue Stream for Law Firms?

Ishan Girdhar, Privva | January 16, 2019

The Big 4 accounting firms have identified legal services as an area for growth beyond traditional financial services and consulting services.

The Legal Intelligencer |Case Digests

O'Neill, Bragg & Staffin, P.C. v. Bank of Am. Corp.

November 27, 2018

Plaintiffs' bank owed no liability for completing funds transfer initiated by plaintiffs due to hacker's fraudulent activity where UCC and bank's policies did not permit plaintiffs to cancel wire transfer once accepted by the bank and plaintiffs' cancellation orders came following acceptance. Defendant's motion to dismiss granted.

New York Law Journal |Case Digests

Excelsior College v. Wolff

August 30, 2018

Examination Mark's 'Bad Faith' Use Falsely Conveyed Affiliation With College

New York Law Journal |Case Digests

Cohen v. Casper Sleep inc.

July 19, 2018

ECPA, SCA Suit Over Code Embedded in E-Commerce Sites Dismissed; Claims Not Stated