Cybersecurity & Privacy

Expert Analysis

• Opinion

  The Ill-Fated Emergence Of The Bitcoin Balance Sheet

  

  Other corporations may follow MicroStrategy's lead and invest in problematic Bitcoin, in what appears to be a new chapter of irresponsible corporate behavior, says cybersecurity consultant John Reed Stark.

• Ethics Reminders As Employees Move To Or From Gov't

  

  Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

• 5 Tips For In-House Counsel Anticipating Cyber Class Actions

  

  In light of a 270% increase in data breaches this year, and the attendant class actions, in-house counsel can prepare to efficiently manage litigation by focusing on certain initial steps, ranging from multidistrict litigation strategy to insurance best practices, say David McDowell and Nancy Thomas at MoFo.

• A Key To Helping Clients Make Better Decisions During Crisis

  

  As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

• Expect Major Changes In Aerospace And Defense Under Biden

  

  President-elect Joe Biden is expected to significantly shift aerospace and defense industry priorities, revoke certain Trump administration government contractor policies, strengthen "Buy American" requirements, and increase use of defense and NASA budgetary authority to combat climate change, say attorneys at Hogan Lovells.

• Where Data Privacy And CFPB Are Headed Under Biden

  

  Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

• Mitigating Supply Chain Risks Related To Uighur Forced Labor

  

  In light of recent U.S. actions concerning China’s purported forced labor of Uighurs — an ethnic minority long targeted by the Chinese government — companies should conduct human rights due diligence, implement grievance mechanisms to capture abuses in their supply chains, and review supplier contracts, says Betsy Popken at Orrick.

• Ethics Considerations For Law Firms Implementing AI

  

  Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

• Uncertainty Around Border Phone Search Standard Continues

  

  The U.S. Supreme Court's recent cert denial in Williams v. U.S. continues confusion on the level of suspicion required for border agent electronic device searches, so international travelers should take steps to protect their sensitive information, say Alexander Lawrence and Sara Stearns at MoFo.

• Picking The Right Location And Tools For Virtual Courtrooms

  

  Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

• Beware Atty Ethics Rules When Reporting COVID-19 Fraud

  

  Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

• Looking For Judicial Activists? Check The Footnotes

  

  U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

• Best Practices For Legal Technology Adoption

  

  The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

• Post-Breach Response To Business Email Scams Is Critical

  

  Preventative measures do not sufficiently protect against email compromise scams, which have become increasingly prevalent during the pandemic, so businesses, governments and educational institutions should have post-breach investigation processes in place, says Jonathan Osborne at Gunster.

• Opinion

  FTC Exceeded Its Authority In Zoom Cybersecurity Settlement

  

  In light of the Federal Trade Commission's requirement, in excess of its statutory authority, that Zoom overhaul its data security as part of a recent deceptive practices settlement, companies shouldn't assent to unfounded relief even when challenging the agency could result in costly litigation, say attorneys at Orrick.