News & Analysis as of

Attorney-Client Privilege Data Security

HaystackID

[Webinar] 6 AI Workflows to Enhance ESI Discovery - September 18th, 11:00 am CDT

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Legal professionals in cybersecurity, information governance, and eDiscovery face escalating data volumes, data security challenges, high eDiscovery costs, and information management inefficiencies. With AI-enabled workflows,...more

Fisher Phillips

AI Notetaking Tools Are All the Rage – But Should You Use Them? Employers Should Weigh These Risks First

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Perhaps you’ve asked an employee to take notes during a Zoom meeting, but they complained the task is difficult to manage while collaborating with teammates. Maybe you intended to document everything that transpired during an...more

EDRM - Electronic Discovery Reference Model

[Webinar] Are Large Language Models Like GPT Secure? A Look at the Technology and the Law. - September 28th, 2:00 pm - 3:00 pm BST

In an age of digital transformation, the legal industry is increasingly thinking about using AI and Large Language Models (LLMs) like GPT for document review, legal research, and even writing legal briefs. Yet, in our...more

EDRM - Electronic Discovery Reference Model

[Webinar] Are Large Language Models Like GPT Secure? A Look at the Technology and the Law - September 13th, 1:00 pm - 2:00 pm ET

In an age of digital transformation, the legal industry is increasingly thinking about using AI and Large Language Models (LLMs) like GPT for document review, legal research, and even writing legal briefs. Yet, in our...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Backs Away from Deciding Scope of Attorney-Client Privilege

The Supreme Court has declined, for now, to decide when attorney-client privilege will apply to communications viewed by courts as made for both legal and other purposes.  In October 2022, the Court granted certiorari in In...more

Kerr Russell

Factors To Consider In Hiring Outside Counsel

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As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under...more

Epiq

Why no Organization Should be without a Cyber Attorney

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Cybersecurity is a top concern for organizations of all shapes and sizes. Whether it be a global organization or a small business, each will inevitably collect and store consumer data that hackers could attempt to steal....more

Epiq

CyberSide Chats: Yes, you needed a cyber attorney a long time ago (with Erik Weinick)

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Jerich Beason is joined by Erik Weinick. Erik's experience includes privacy, cybersecurity, bankruptcy, commercial torts, defamation/slander, regulatory to name a few. He is also the co-founder of Otterburg’s Privacy &...more

Foley Hoag LLP - Security, Privacy and the...

Can You Still Protect Digital Forensic Reports From Discovery? It’s Getting Harder.

A data security incident will always require a technical response, and usually that technical response will come from outside experts. Those experts are hired to investigate and remediate an incident. Since data incidents...more

Bracewell LLP

Privilege Dwindles for Data Breach Reports

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Data privacy lawyers and cyber security incident response professionals are losing sleep over the growing number of federal courts ordering disclosure of post-data breach forensic reports. Following the decisions in Capital...more

ArentFox Schiff

SCOTUS: Accessing Private Database for Improper Purpose Not Violation of Computer Fraud and Abuse Act.

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SCOTUS: Accessing Private Database for Improper Purpose Not Violation of Computer Fraud and Abuse Act. In a recent Supreme Court case, Van Buren v. United States, the Court narrowed the applicability of the Computer Fraud...more

Rivkin Radler LLP

ABA Provides New Guidance On Remote Work For Lawyers

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On March 10, 2021, the American Bar Association released new guidance for attorneys working remotely. While there has never been a distinction in the Model Rules for Professional Conduct between working in a brick-and-mortar...more

Alston & Bird

The Digital Download – Alston & Bird’s Privacy, Cyber & Data Strategy Newsletter – February 2021

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Selected Developments in U.S. Law - Fifth Circuit Decision Raises Cyber Enforcement Complications for the U.S. Department of Health and Human Services As the Biden Administration begins detailing its regulatory and...more

Poyner Spruill LLP

Court Compels Discovery of Cyber Expert Report in Litigation

Poyner Spruill LLP on

A federal court has held that neither the work product nor attorney-client privilege doctrines shield a cyber expert’s report from discovery....more

Nutter McClennen & Fish LLP

Facebook Ordered to Turn Over Internal Investigation Documents to Massachusetts Attorney General

Judge Davis of the BLS ordered Facebook to produce documents to Massachusetts Attorney General Maura Healey (AG). The AG obtained the order while investigating Facebook’s policies and protections related to user data. The...more

Kelley Drye & Warren LLP

Lessons Learned for Maintaining Attorney-Client Privileged Data Breach Investigation (and other Consultant) Reports

Following a data breach, companies generally launch an investigation to determine the source and scope of the breach. These efforts are often led by in-house privacy, compliance, and/or litigation counsel with an eye firmly...more

White and Williams LLP

ABA Issues New Cybersecurity Ethics Rules for Lawyers

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Lawyers are advisors and advocates. Clients trust lawyers to preserve secrets, confidential matters that when disclosed could cause financial or reputational damage. A significant element of legal representation involves...more

Jackson Lewis P.C.

An Ounce Of Data Breach Prevention…Address Attorney-Client Privilege In Your Breach Planning

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Data breach “horror” stories have become a new staple in today’s business environment. The frequency of attacks which threaten (or compromise) the security of business networks and information systems continually increases —...more

BakerHostetler

Deeper Dive: Application of Work-Product Doctrine to Forensic Investigations

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In a recent post, we addressed the role a forensic investigation plays in a company’s response to a data security incident. We noted that to maximize the likelihood that a forensic firm’s work will be covered by the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - May 2017

In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more

Proskauer - Minding Your Business

Encrypting Emails: ABA Issues New Guidance Addressing Security Concerns over Attorney-Client Communications

In May, the American Bar Association (“ABA”) released a Formal Opinion 477, providing guidance on attorney use of emails in communication with clients. In doing so, the ABA has promulgated a new standard when considering the...more

Proskauer - Minding Your Business

Don’t Let New Technology Cloud Your Legal Judgment

Law firms are slowly but steadily moving to the cloud. According to an American Bar Association report, 37.5% of lawyers reported the use of web-based software services or solutions in 2016, up from 31% in 2015, and 30% in...more

Patterson Belknap Webb & Tyler LLP

Wake-Up Call: Law Firms in the Cybersecurity Crosshairs

Last week marked the first time a U.S. law firm was publicly named in a class action data security lawsuit. Originally filed in April 2016, the class action complaint in Shore v. Johnson & Bell, Ltd., 16-cv-4363 (N.D. Ill.),...more

Alston & Bird

Six Myths of Breach Response

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Data breach has, unfortunately, become a fact of life. Practically every corporation has experienced some sort of security incident, although most have avoided (to their knowledge) significant network intrusions and loss or...more

BCLP

How to Draft an Effective Data Breach Incident Response Plan

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The best way to handle any emergency is to be prepared. When it comes to data breaches, incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one....more

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