Cybersecurity & Privacy

Expert Analysis

• Coronavirus Stimulus Fraud May Be A Target For State AGs

  

  Emboldened by their 2009 financial recovery enforcement experiences, state attorneys general are expected to play a large role in rooting out fraud, waste and abuse related to Coronavirus Aid, Relief, and Economic Security Act funds, says Jeff Tsai at DLA Piper.

• Don't Forget Firm Culture When Adapting To Remote Work

  

  While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

• Telecom's Role In Virus Response Raises Policy Challenges

  

  If the U.S. follows other countries in implementing data-tracking strategies to trace COVID-19 infections, wireless networks' involvement in the process will pose significant questions about federalism, privacy and access to telecommunication services, say Joshua Turner and Sara Baxenberg at Wiley Rein.

• What Privacy Compliance Looks Like During COVID-19

  

  As regulators in the U.S. and EU issue COVID-19 guidance aimed at striking a balance between protecting privacy and facilitating effective treatment, employers and health care providers must be mindful of changing privacy obligations, say Anna Clark and Joel Thayer at Phillips Lytle.

• Coronavirus Pandemic Highlights Value Of Data Centers

  

  The COVID-19 crisis has elevated the profile of data centers due to the massive increase in the volume of telecommunication, data processing and storage, and other online activities, say Michael Rechtin and Michael Merar at Seyfarth.

• Conducting Court Hearings Remotely: 12 Considerations

  

  As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

• Avoiding Class Claims For Sharing COVID-19 Location Data

  

  As American companies consider sharing anonymized geolocation data with the government to assist in tracking coronavirus transmission, they can follow guidelines to protect against costly consumer privacy class actions, say attorneys at Buchanan Ingersoll.  

• The Era Of Video Mediation Is Here — Or Is It?

  

  Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

• COVID-19 Highlights BigLaw Need For Emotional Intelligence

  

  The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

• The Pandemic's Early Effects On Foreign Trade, Investment

  

  Though the Committee on Foreign Investment in the United States continues to function despite worldwide disruptions due to the coronavirus, dealmakers should stay mindful of several considerations in this rapidly changing investment environment, say Michael Leiter and Daniel Gerkin at Skadden.

• Opinion

  Judicial Shaming Of Attys Is Troubling Even During Pandemic

  

  Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

• 2nd Circ. Dismissal Affirms The Limits Of Civil RICO Claims

  

  The Second Circuit's recent decision in Halvorssen v. Simpson makes clear that, while courts have permitted the use of civil Racketeer Influenced and Corrupt Organizations Act suits in disputes involving legitimate businesses rather than crime syndicates, there are real limits to these claims, say attorneys at Dechert.

• Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

  

  While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

• Calif. Privacy Law Considerations For Private Funds

  Excerpt from Lexis Practice Advisor

  

  Reece Hirsch and Brian London at Morgan Lewis explore when private investment funds and their managers are subject to the California Consumer Privacy Act and similar state laws, when they are exempt, and what they need to do to comply.

• Remote Depositions: Coming To A Home Office Near You

  

  Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.