Features
SCOTUS Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity'
The Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to "exceed authorization," and the statute does not — as the government had argued — cover behavior where a person accesses information which he is authorized to access but does so for improper purposes.
Features
EDRM Asks for Public Comment on New Information Governance Model
Adoption of the IGRM model could mean "improving dialogue about information governance, increasing the buy in from stakeholders, and expanding the awareness of the importance of information governance in the modern enterprise."
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Upping Your New Business Game with AI
With demand for technology innovation and efficiency at an all-time high, we can look to Artificial Intelligence (AI), Machine Learning (ML), and Natural Language Processing (NLP) to help streamline and automate proposal and RFP management, and bridge the gap between increases in RFP requests and lower win rates.
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NY Privacy Act Stalls, Would Escalate Protections Above Other State & International Regulations
The failure of NYPA to pass is not exceptionally noteworthy. What is noteworthy, however, is that it marks an escalation of data privacy protections and restrictions not seen in other major regulatory regimes, whether in the United States or abroad. And since most believe its failure to pass was due more to the end-of-session rush than its contents, don't be surprised if it pops up again in January 2022.
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Managing and Preserving Zoom Data
With business conversations extending across video, audio, transcripts and chat, it will not be long before we see Zoom data appearing as evidence in court. Legal teams and CIOs need to think about how to preserve Zoom data proactively for litigation case assessments, discovery, and holds, as well as investigations and regulatory actions.
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National Security Implications of the Colonial Pipeline Hack
It is difficult to think of a comparable cyber event to the one that effectively shut down the fuel pipeline that feeds over a third of the United States. We are in the midst of a national cyber crisis, and while we may have a blueprint for the resolution of these other crises, things must urgently change on the cybersecurity front.
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Where Is the Consumer In Consumer Privacy Legislation?
In the past four months of 2021, the amount of state legislative activity around consumer data privacy laws has been frantic, by state legislatures standards. So much so, it is not easy to discern the cause for all this effort.
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Attorney Competence in Technology Is in the Spotlight. Are You Competent?
In response to widespread changes in the use of technology, and evaluating the potential risks of remote work and the rise of virtual meeting platforms, on March 10, 2021, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 498 making it clear that the Model Rules of Professional Conduct permit lawyers to conduct their practices virtually, but urges caution at all times:
Features
Closing the Information Security Gaps In the New Operational Model
In 2020, law firms did what they had to do to continue serving their clients. Information governance may have been sacrificed in the face of an urgent, global crisis. As understandable as that is, it's time now to step back and assess best practices for the new operational model that is here to stay.
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Mastery of Information: How to Successfully Manage Ungoverned Data for Risk Mitigation
Companies are collecting and managing more data than ever, essentially in order to create value, thus in effect making every company a "data" company. But for data to provide value, organizations need to know where it is, who has access to it, how it's managed, including its longevity value, and how it needs to be secured and protected.
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- How Secure Is the AI System Your Law Firm Is Using?What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.Read More ›
- Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary SupportThe International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.Read More ›
- The Binding Effect of Plea Agreements In White Collar CrimesFederal plea agreements sometimes state explicitly that they are limited to that one office and do not bind other U.S. attorney's offices. In this article, we discuss the circuit courts' competing approaches to interpreting the binding effect of plea agreements and the Department of Justice policy.Read More ›
- Authentic Communications Today Increase Success for Value-Driven ClientsAs the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.Read More ›
- Compliance and Third-Party Risk ManagementTo gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.Read More ›