Legal Tech: Can Claiming Incompetence Save You from Spoliation Sanctions?
July 01, 2022
A recent opinion in Illinois raises the question of whether spoliating parties should be encouraged to present the following defense at trial: "Ladies and gentlemen of the jury, yes the main evidence of this case has been destroyed, but it's only because my client and my law firm are completely incompetent when it comes to preserving electronic evidence."
The Anatomy of a Supply Chain Cyberattack
June 01, 2022
Mitigating Its Risks and the Call for Standardization of Software Development Security Protocols
This article details the anatomy of a supply chain cyberattack, explores the existing state of supply chain protective contractual terms, and proposes actionable steps with a collective approach to guide legal professionals through their precarious endeavors.
We Must Never Let our Cyber Guard Down
June 01, 2022
When cyber defenses work, there is a human tendency to become complacent. If you fall into this perception trap, you will quickly find yourself in survival mode — scrambling to restore and recover, and in a position where the best explanation was that the attack was somehow "unexpected." The global cyberthreat is also still very real.
Crypto Asset Legal Difficulties
June 01, 2022
Exploring crypto assets is akin to visiting the Land of Oz. Outwardly, both seem dazzling, foreign and off-color. However, by removing the technological blinders, equivalent to the emerald glasses worn by the citizens of the Emerald City, attorneys will likely understand that they know all they need to integrate crypto assets into their practice.
Under Shared Responsibility Cloud Model, Data Owners Retain Control of Access and Data
June 01, 2022
From a legal perspective, the cloud introduces a unique shared responsibility model that many businesses are only now coming to appreciate; specifically, although the cloud provider may house the data and provide functionality for access and data security controls, the legal obligations remain the responsibility of the business procuring these services.
Individual Liability and Criminalizing Cybersecurity Response
June 01, 2022
To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.
The Slack Explosion: Convenient Yet Complicated, Part 2
May 01, 2022
Best Practices to Simplify Future E-discovery
Part Two of a Two-Part Series
Just as the legal industry had to scramble to figure out how to handle email and other electronic documents a couple decades ago, e-discovery practices must once again shift to account for the realities of business being conducted via chat and the massive amounts of new types of data that chat platforms generate.
