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We found 1,280 results for "Cybersecurity Law & Strategy"...

Emojis and E-Discovery
September 01, 2021
Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases.
Applying Scientific Method to E-Discovery Growth
September 01, 2021
This article discusses scientific method as it applies to the growth of e-discovery and its protocols.
Tightening Antitrust Enforcement Could Be Boon for E-Discovery
September 01, 2021
U.S. antitrust enforcement is tightening, and e-discovery practitioners and vendors in the M&A market are expecting an uptick in work. But the influx of complex discovery may drain resources for other corporate e-discovery matters.
The Queen's Gambit: Vetting Costs and Other Factors In Hiring a Tech Vendor
September 01, 2021
There are numerous "gameplays" to reduce risks when selecting and hiring a technology vendor. With each mitigating factor you incorporate into your contracting playbook, prepare to incur additional costs.
Virtual Reality or the New Reality of Virtual Practice?
August 01, 2021
In response to the worst period on record for cyber attacks, the ABA published Formal Opinion 498 to address practicing law outside of the traditional brick-and-mortar office environment. It reminds lawyers that while the ABA Model Rules permit virtual practice, they provide minimum requirements and recommendations for virtual practice, particularly in the areas of competence, confidentiality and supervision.
Strategy vs. Tactics: Two Sides of a Difficult Coin
August 01, 2021
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Queen's Gambit: A Proactive Approach to Reducing Technology Vendors' Contracting Risk
August 01, 2021
There are numerous "gameplays" to reduce risks when selecting and hiring a technology vendor. Whether you are able to accept a risk and to what extent are not always clear. Just know that, like in chess, your opening move to an IT deal can be your most powerful.
Key Issues In Cyber Insurance Policies
August 01, 2021
The surge in ransomware attacks has made familiarity with the provisions of cyber insurance essential for professionals in the entertainment industry, which is among prime targets of ransomware operatives.
Sorting Through the Trump Financial Documents: eDiscovery Lawyer Tells How Prosecutors Search For Clues
August 01, 2021
A Q&A with Bobby Malhotra of Munger, Tolles & Olson LLP, Los Angeles.
The Future of Litigation Workflow: Reimagining Technology and Process in the Next Decade
August 01, 2021
Hear what a cross-section of law firm leaders say about how the pandemic has impacted litigation in the short- and long-term.

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  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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