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Get a (Law) Firm Grip on Data Breaches
Law firms are as much at risk for cyber attacks as any other industry, a point emphasized in a recent internal report at a major bank that warned employees about the threat of attacks on the networks and websites of big law firms, according to the New York Times. See http:// tinyurl.com/pcdxvw5. Because of the lack of reporting requirements in the industry, it is unclear how many breaches have actually occurred. Law firms have been relatively unwilling to share information about their security breaches because of potential concerns about how that information would affect their credibility. In fact, digital security at many law firms, despite improvements, generally remains below the standards set for other industries. Fortunately, law firms are now recognizing the risk and beginning to take preventive action. This article describes some of the reasons law firms are cyber-attack targets, steps they can take to reduce their risk, and what clients are doing to encourage law firms in those efforts.
Law Firms As Targets
It should not be a surprise that law firms are ripe targets for breaches. Their data and document repositories may contain a variety of sensitive information ' not only traditionally privileged information, but also competitive information related to their clients' business strategies and other forms of private data held in connection with client work. For example, a law firm may not accept credit cards, but it may have payment card information as part of a matter it is handling. Similarly, while a law firm may not be a covered entity under the Health Insurance Portability and Accountability Act (HIPAA; http://1.usa.gov/1jSFZpy), it might be considered a “business associate” under the Health Information Technology for Economic and Clinical Health Act (HITECH; http://bit.ly/1JSv6lK) because of the services it provides to HIPAA-covered entities.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
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