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Columns & Departments

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ssalkin

Copyright Year in Review. Dec. 9, 2022

Features

Legal Tech: Twitter's Future and E-discovery Image

Legal Tech: Twitter's Future and E-discovery

Cassandre Coyer

Whether Twitter's doomsday is coming is still uncertain. But the threat of loss of years' worth of companies' data could be the impetus behind testing collection tools and reevaluating e-discovery processes.

Features

Meeting Client Expectations Image

Meeting Client Expectations

ageisler

The New Reality, for which law firms are scrambling to equip themselves, is that law firms no longer define their own service levels. Now it's the clients, and they have clear expectation parameters.

Features

District Court Provides Guidance on 'Psychedelic Confusion' Image

District Court Provides Guidance on 'Psychedelic Confusion'

John J. Rapisardi & Matthew Kremer

The U.S. District Court for the Southern District of New York recently provided critical guidance on what the court observed as the "psychedelic confusion" surrounding the intersection of Bankruptcy Code §365, governing the assumption and rejection of executory contracts, and Bankruptcy Code §503, governing administrative priority.

Features

Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments Image

Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments

David Aaron

The Northern District of Illinois recently issued an opinion which criminalizes acting in the United States as an agent of a foreign government without notifying the attorney general.

Features

Incident Response Plans and Tabletop Exercises May Be A Waste of Time Image

Incident Response Plans and Tabletop Exercises May Be A Waste of Time

Larry Gagnon

Developing and delivering an IRP or TTE to improve the effectiveness of your incident response approach, in isolation, does not work. If your incident response preparation activity does not include some fundamental tactical actions, when the time comes and your house is on fire, your breach response will fail to meet your expectations.

Features

Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act Image

Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act

John Beardwood & Shan Arora

Part Four In a Series The conclusion of the series on Canada's recently introduced Consumer Privacy Protection Act looks at hot button enforcement issues in the Act.

Features

The Great Resignation and Its Impact on Legal Department Contract Workflows & KM Image

The Great Resignation and Its Impact on Legal Department Contract Workflows & KM

Shanil R. Vitarana

Like other organizations, including law firms, in-house legal departments have not been spared from the "great resignation." Lawyers and professionals across all industries are actively seeking new opportunities for a host of reasons including better pay, better culture and better balance. When they leave, they take with them not just their talent but the institutional knowledge they've accumulated, while their former team members are left to piece things together.

Features

Arm Yourself Against Crypto Regulatory Uncertainty Image

Arm Yourself Against Crypto Regulatory Uncertainty

Kristin L. Burnett

The promise that the crypto and digital assets markets bring comes bundled with uncertainty — especially on the regulatory front. Until jurisdictions adopt unified and consistent frameworks that account for the unique facets and features of cryptocurrencies, institutional investors and other market participants must keep abreast of ever-changing, dynamic laws to avoid sanctions and fines.

Features

Courts Strictly Construing Cyber Insurance Policies, Finding Coverage Is Narrow Image

Courts Strictly Construing Cyber Insurance Policies, Finding Coverage Is Narrow

Ella Shenhav & Eric S. Adams

In several recent cases, companies with cyber insurance discovered that provisions in these policies led their insurers to limit coverage. Courts have been strictly construing cyber policies, and have found that the coverage provided is narrow. These decisions hinged upon whether an event constituted a covered "direct" loss and whether intervening actions precluded coverage, like an employee responding to fraudulent communications.

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