Entries by Information Analyst

Fundamentals of Blockchain and Cryptocurrency for Lawyers

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Fundamentals of Blockchain and Cryptocurrency for Lawyers

Webinar

Blockchain and cryptocurrency



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About This Webinar

Cryptocurrencies have almost always been a volatile asset, and in fact, that has been part of the allure for investors seeking a rapid reversal of fortunes. Yet, the past year has held some dramatic lows for the crypto market. Since late 2022, it has balanced the fall of one of the largest cryptocurrency exchanges, FTX, the ensuing market lows, and aggressive enforcement actions by regulatory bodies. Securities and Exchange Commission (SEC) enforcement actions, in particular, have sharply increased. They surged 183% in the 6 months following the FTX collapse. Among them are notably included lawsuits against Binance and Coincase, two of FTX’s largest competitors. While the future of the cryptocurrency market today is unclear, legal and regulatory actions are demonstrating that the cryptocurrency market is being held accountable and will not be given a free pass. Attorneys advising victims of cryptocurrency Ponzi schemes or businesses offering security tokens will find this webinar a guide to better understanding the technology around it and the state of regulations.

In this CLE webinar, our expert panelists begin with an overview of the blockchain, what makes it unique, and some of its real-world uses. Our speakers then dive into how the blockchain works, highlighting validation methods and permissions. The conversation continues with a discussion of the relationship between blockchain and cryptocurrencies, focusing on the different types of tokens available and their purpose. Our experts then review the existing regulatory framework, which is conducted primarily at the agency and state levels, but has also been supported by Executive Order 14067. The webinar concludes with a discussion of the state of cryptocurrency litigations today.

Topics covered in this webinar:   

  1. What is Blockchain and What are its Uses?
  2. Blockchain Function, Explained
  3. Blockchain, the Foundation of Modern Cryptocurrencies
  4. Overview of Blockchain Regulations Today
  5. The State of Cryptocurrency Litigations

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Adjunct, Harvard University
  • Joshua Ashley Klayman
    • U.S. Head of Fintech
    • Head of Blockchain and Digital Assets, Linklaters
  • Michael C. Ibarra
    • CISO, Crypto Exchange Startup
  • Tiffany Smith
    • Partner, WilmerHale
  • Bradford Newman
    • Chair of North America Trade Secret Practice, Baker McKenzie
 

Attending the webinar

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Independent Cybersecurity Audits Are Powerful Tools for Boards

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Independent Cybersecurity Audits Are Powerful Tools for Boards

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Independent cybersecurity audits





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Bloomberg Law

 

Independent Cybersecurity Audits Are Powerful Tools for Boards

 

March 11, 2024

 

By Daniel B. Garrie, Esq.

Board members today increasingly face personal liability for their organization’s cyber posture. This has raised the stakes of attestations and created a need to gain insight into cyber programs.

One of the most effective ways to do so is through independent cybersecurity audits. This essential component of responsible organizational governance can demonstrate proactive leadership and reveal possible blind spots. Cybersecurity audits are also necessary for compliance with regulations that hold the board and C-suite accountable for verifying the efficacy of their company’s cybersecurity program.

Recent Regulations

Growing cyber regulatory oversight is demanding dynamic evidence of compliance. The Securities and Exchange Commission’s 2023 rules on cybersecurity risk governance and public company incident disclosure require boards of directors to oversee corporate cybersecurity management and demonstrate active oversight, while facing personal liability for failures. Public reporting companies must also:

  • Disclose all material cybersecurity incidents within four business days
  • Describe process(es) used to identify, assess, and manage material risks from cybersecurity threats, and their effect on business strategy, results of operations, or financial condition
  • Describe the board’s oversight of cybersecurity risks and leadership’s role in assessing and managing material risks from cybersecurity threats

Another recent example is the New York State Department of Financial Services’ amended cybersecurity regulation, which requires covered entities to conduct independent audits of their cybersecurity programs and integrates cybersecurity into business strategy. Changes include:

  • Additional controls and requirements for more regular risk and vulnerability assessments, along with more robust incident response, business continuity, and disaster recovery planning
  • Updated notification requirements, which include reporting ransomware payments
  • Updated direction for companies to invest in at least annual training and cybersecurity awareness

To read the full article, go to Bloomberg Law

Using Special Masters in Social Media Litigation to Streamline Discovery: Navigating the complexities of these cases

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Using Special Masters in Social Media Litigation to Streamline Discovery: Navigating the complexities of these cases

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Special Masters in Social Media Litigation





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ALM

 

Using Special Masters in Social Media Litigation to Streamline Discovery: Navigating the complexities of these cases

 

February 21, 2024

 

By Daniel B. Garrie, Esq.

There has been an explosion of litigation in recent years related to the potentially life-threatening effects of social media usage among adolescents. Hundreds of cases have been filed in state and federal courts, many of which have been consolidated into multidistrict litigations or otherwise consolidated within state court departments. One such example in California state court is, in which the court recently overruled Snap’s demurrer on claims that Snap’s conduct in designing and implementing its social media platform, Snapchat, resulted in the foreseeable deaths of plaintiffs’ children, who overdosed on fentanyl.

Litigations involving social media can be complex and highly technical. Such cases often involve collecting and analyzing large amounts of data from social media websites and apps. This can present challenges for the lawyers and judges involved, as they may not be familiar with social media platforms and managing the unique types of data generated and stored on these platforms. Engaging a discovery special master can help streamline discovery in social media litigations to ensure that the right data is collected as efficiently as possible.

Social media repositories present unique issues for the discovery process. For instance, the repositories that hold a user’s social media data are controlled by a third party (e.g., Meta, X, Snap, etc.). Obtaining a user’s data typically requires the user to download their information using the application at issue. However, this download will only capture a snapshot of the user’s data at the time of the download. This means that any subsequent changes to a user’s social media data that occur after the download would not be captured by this snapshot.

To read the full article, go to ALM

Small Law Firms Must Take Action and Address Cybersecurity and Privacy Regulations

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Small Law Firms Must Take Action and Address Cybersecurity and Privacy Regulations

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Cybersecurity and Privacy Regulations





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ALM

 

Small Law Firms Must Take Action and Address Cybersecurity and Privacy Regulation

 

February 15, 2024

 

By Daniel Garrie, Esq., Peter A. Halprin, Esq., and Elsa Ramo, Esq.

Cybersecurity and privacy regulations have become increasingly important in recent years due to the exponential growth of technology and the internet. The legal industry, including small law firms, is not immune to these challenges. In fact, small law firms must prioritize cybersecurity and privacy regulations to protect their clients’ sensitive information and maintain their professional reputations. This article explores the reasons why small law firms need to care about cybersecurity and privacy regulations and provides recommended first steps.

Six Reasons Why Small Law Firms Should Be Concerned About Cybersecurity and Privacy Regulations

 

    1. Ethical Obligations

As legal professionals, lawyers have an ethical obligation to protect their clients’ confidential information. Rules of professional conduct across various jurisdictions emphasize the importance of maintaining client confidentiality and safeguarding client data. Failing to uphold these ethical obligations can lead to disciplinary action.

From social media posts to a third-party vendor who is managing the website to a company processing a credit card payment on behalf of the firm, the lawyer has an ethical responsibility to ensure that all parties that interface with the law firm are operating under strict confidentiality and complying to prevent the disclosure of confidential information.

    1. Legal Obligations

Small law firms may also be subject to privacy regulations, such as the California Consumer Privacy Act (CCPA). Non-compliance with these regulations can result in financially devastating consequences for small law firms.

As noted above, it is not simply a limited duty for the attorney to maintain confidentiality, but rather the attorney and law firm have a legal obligation to ensure that client information is stored in a way that protects privacy. More often than not, small law firms are paperless and store virtually all of their data electronically, so the law firm must ensure that how, where, and who is storing that data is in compliance with applicable law.

To read the full article, go to ALM

The Digital Verdict: Guide to Mastering Smartphone Evidence in the Courtroom

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The Digital Verdict: Guide to Mastering Smartphone Evidence in the Courtroom

Webinar

Smartphone evidence in the courtroom



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About This Webinar

Overview of the Seminar

“The Digital Verdict: Guide to Mastering Smartphone Evidence in the Courtroom” is a pioneering seminar that delves into the intricate relationship between law and mobile technology. As the legal landscape increasingly pivots towards digital evidence, understanding the intricacies of smartphone data can be a decisive factor. This seminar provides an exploration of the critical aspects of smartphone evidence in litigations, ensuring you stay at the forefront of the digital age.

Why Choose to Take the Seminar

This seminar is an opportunity to gain a competitive edge. It offers a comprehensive understanding of the Federal Rules of Civil Procedure and Evidence as they apply to smartphones. You’ll learn how to navigate the complexities of digital evidence, ensuring your arguments stand firm against scrutiny.

What You Will Learn from the Seminar

You’ll master the key factors for the admissibility of smartphone evidence and understand the key takeaways of recent cases from the perspective of experts. This seminar equips you with the knowledge to effectively leverage digital footprints, transforming your courtroom strategies with cutting-edge insights.

Topics covered in this webinar:   

  1. Overview of Relevant Federal Rules of Civil Procedure
  2. Federal Rules of Evidence for Smart Phones
  3. Key Factors to Consider for the Admissibility of Evidence
  4. Recent Cases

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Genevieve Sauter
    • Partner, NoonanLance
  • Jeffery Rosenfeld
    • Of Counsel, Blank Rome LLP

Attending the webinar

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Zooming Towards Resolution: Guide to Ensuring Success in a Virtual Mediation

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Zooming Towards Resolution: Guide to Ensuring Success in a Virtual Mediation

Webinar

Virtual Mediations



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About This Webinar

Virtual mediation emerged in response to the outbreak of the COVID-19 pandemic when the world was forced to social distance and work from home for safety precautions. Yet almost three and half years later, virtual mediations have remained commonplace and are preferred by many. Indeed, this practice allows parties to gather irrespective of their location, reducing the cost and time commitment. As a result, access to mediators with subject matter specialties is now more accessible, and key decision-makers and third parties that would have otherwise been unavailable can now easily participate. Virtual mediation is not the solution for every mediation, but it is an effective and cost-reducing option for some. Attorneys seeking to learn more about alternative dispute resolution (ADR) and the critical elements to consider when choosing and participating in virtual mediations will find this webinar a helpful guide for helping clients achieve the best possible outcome.

In this online seminar, our expert panelists begin by reviewing the critical characteristics of mediation, including its stages and the parties involved. Next, our speakers provide context for when parties should choose mediation and its general benefits. The conversation then dives into the topic of virtual mediation specifically and its potential benefits, including flexibility, cost savings, and increased productivity. Our experts then note some of the potential challenges that can arise with virtual mediation, such as technical issues, communication limitations, or confidentiality concerns. The webinar concludes with a review of the best practices to ensure successful virtual mediation from the perspective of mediators and counsel that have represented parties involved in mediations.

Topics covered in this webinar:   

  1. What is Mediation and Why do Parties Choose it?
  2. When and Why Should You Mediate?
  3. What are the Potential Benefits of Virtual Mediation?
  4. What are the Potential Challenges of Virtual Mediation?
  5. Best Practices to Ensure a Successful Virtual Mediation

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Dr. Peter Kamminga
    • Neutral, JAMS
    • Fellow, Harvard Program on Negotiation
  • Hon. Gregory M. Sleet
    • Neutral, JAMS
  • John Libby
    • Partner, Manatt, Phelps & Phillips, LLP

Attending the webinar

If you would like to attend the program, please click this link and add the program to your “Cart.” Please note you may need to click the link twice to reach the webinar’s page.

eDiscovery Ethics: Avoid Sanctions and Other Pitfalls

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eDiscovery Ethics: Avoid Sanctions and Other Pitfalls

Webinar

eDiscovery Ethics: Avoid Sanctions and Other Pitfalls



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About This Webinar

Overview of the Seminar

Dive into the intricate world of eDiscovery with our cutting-edge seminar, “eDiscovery Ethics: Avoid Sanctions and Other Pitfalls.” This course illuminates the complexities of managing electronic data, offering key insights into potential issues and ethical considerations that can arise during the eDiscovery process.

Why Choose to Take the Seminar

In an era where digital data is omnipresent, understanding eDiscovery is no longer optional—it’s essential. This seminar is your gateway to mastering eDiscovery ethics, helping you avoid sanctions and other pitfalls that could jeopardize your legal practice.

What You Will Learn from the Seminar

In this seminar, our expert panelists begin by reviewing what eDiscovery and electronically stored information (ESI) are, as well as why they are critical to litigations. Next, our speakers introduce some of the potential eDiscovery issues attorneys can face, the ethical considerations they raise, and the key legal ethics rules they challenge. Our panelists then dive into recent eDiscovery ethics cases, providing you with real-world examples of challenges and solutions. Finally, our experts highlight best practices to sidestep the ethical pitfalls of eDiscovery, ensuring your practice remains compliant and resilient.

Who Should Take the Seminar

This seminar is designed for lawyers seeking to enhance their digital literacy and ethical competence in eDiscovery. Whether you’re a seasoned attorney or a budding legal professional, this course will empower you to navigate the digital landscape with confidence and integrity.

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Judge Reva Goetz (Ret.)
    • Mediator, Arbitrator & Discovery Referee, JAMS
  • Katherine Charonko
    • Partner and ESI Practice Group Leader, Bailey & Glasser

Attending the webinar

If you would like to attend the program, please click this link and add the program to your “Cart.” Please note you may need to click the link twice to reach the webinar’s page.

Cracking the (Digital) Case: Digital Forensics for Lawyers

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Cracking the (Digital) Case: Digital Forensics for Lawyers

Webinar

Digital Forensics for Lawyers



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About This Webinar

Today cybersecurity threats have become ubiquitous in business operations and daily life, and many now know to take some degree of precaution against phishing emails and public Wi-Fi networks. Yet despite increasing cybersecurity hygiene standards, cyber-attacks still occur every day, resulting in networks being breached, information being stolen, or systems being disrupted. Following such cyber events, determining what and how information was accessed is an integral part of legal cases. Digital forensics is the method used to conduct such technical investigations. Yet its capabilities are not limited to cyber events, as it can help support intellectual property cases, eDiscovery, criminal defense, or even data management disputes. This webinar provides attorneys litigating in this digital age an understanding of digital and computer forensics, which can support them in better communicating with experts, understanding the evidence, and protecting their clients’ interests.

In this seminar, our expert panelists begin by providing an overview of digital forensics, focusing on computer forensics in particular, Next, our speakers highlight the importance of computer forensics today in the face of the current cybersecurity threat landscape. The computer forensics process is then broken down into its key phases, preservation, collection, examination, analysis, and reporting. Our experts then focus on digital forensics reports, what they include, and their structure. Finally, our speakers discuss some notable cases that were solved through the use of digital forensics and conclude by revealing the key elements to keep in mind when interacting with forensics experts and their work.

Topics covered in this webinar:   

  1. Overview of Computer Forensics
  2. Importance of Computer Forensics
  3. Computer Forensics Process
  4. Digital Forensics Report
  5. Significant Cases Solved by Digital Forensics
  6. Key Takeaways

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • J-Michael Roberts
    • Digital Forensics Consultant & Expert Witness, Corvus Forensics

Attending the webinar

If you would like to attend the program, please click this link and add the program to your “Cart.” Please note you may need to click the link twice to reach the webinar’s page.

Best Practices to Limit an Organization’s Ransomware Risks from a Legal Perspective

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Best Practices to Limit an Organization’s Ransomware Risks from a Legal Perspective

Webinar

Ransomware risks



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About This Webinar

Today, cybersecurity risk management requires not only technical preparation, but also legal and strategic planning. Organizations must take a proactive approach that establishes clear and robust policies and procedures in response to these threats. This includes, among other critical factors, defining the roles and responsibilities of key stakeholders during a ransomware event, as well as ensuring compliance with relevant data protection and cyber incident laws. Today regulators are increasingly scrutinizing organizations for their cyber risk management practices, while cyber threat actors continue to target businesses for ransomware attacks, holding sensitive customer data or intellectual property hostage. Attorneys advising corporations of all sizes today will find this webinar a helpful guide in advising leadership, defining key risk management policies, and reducing their organization’s ransomware risk.

In this seminar, our expert panelists begin by providing an overview of ransomware and how it is used to conduct cyber-attacks, as well as an overview of the threat landscape and what information attackers seek and target. Next, our speakers give a brief overview of the technical risk management practices to implement against the threat of ransomware, followed by a deep dive into the non-technical strategies to follow. Among them are conducting cyber risk assessments, adhering to regulatory cybersecurity standards by adjusting corporate policies, and adequately purchasing cyber insurance coverage. Our experts conclude by highlighting the key strategies and practices to mitigate the threat of ransomware from the top down.

Topics covered in this webinar:   

  1. Overview of the Ransomware Risk
  2. Primer of the Technical Considerations
  3. Non-Technical Considerations from a Legal Perspective
  4. Key Strategies to Mitigate the Threat of Ransomware

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Shraddha Patil
    • Director of Product Management, Palo Alto Networks
  • Chris Campbell
    • Senior Vice President, CISO, Head of Technology, Bitsight
  • James Blair
    • CISO, Group Manager Technology, Todd Corporation
  • Kurt Sanger
    • Director, Integrated Cybersecurity Partners, LLC
 

Attending the webinar

If you would like to attend the program, please click this link and add the program to your “Cart.” Please note you may need to click the link twice to reach the webinar’s page.

Ethics of Using ChatGPT: Pitfalls & Effective Uses

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Ethics of Using ChatGPT: Pitfalls & Effective Uses

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Ethics of Using ChatGPT



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About This Webinar

In the past year, knowledge and use of generative AI have dramatically risen. ChatGPT, Bard, and other such services have disrupted numerous industries and commanded news cycles. For attorneys, this newly accessible tool offers the potential of supporting and enhancing their work, reducing the amount of time needed to review documents or conduct legal research. Yet along with its promises of efficiency and cost reduction, the use of ChatGPT by attorneys and legal teams provokes a number of ethical questions that cannot go unanswered. Indeed, upholding the confidentiality of information and the duty to supervise, among other ethical responsibilities, can easily be overlooked and unwittingly violated. In response, attorneys have begun to get sanctioned for inappropriate use of ChatGPT, and some judges are demanding that counsel attest to not having used the technology. Attorneys hoping to better understand how to approach these technologies while upholding ethical standards will find this conversation by our AI subject matter experts a helpful guide to navigating this developing tool.

In this seminar, our expert panelists begin by reviewing what artificial intelligence, machine learning, and generative AI are. Next, our speakers explore the ethical and legal pitfalls of using AI, highlighting the relevant ABA Model Rules of Professional Conduct (Rules 1.1, 1.6, 5.3) and a recent example of the unethical use of generative AI in the past year. Our experts then contrast the risks by highlighting effective uses of AI for attorneys that can streamline work, help manage vast amounts of data, and avoid human error. The conversation concludes with a discussion of how AI can be expected to impact the legal profession in the short and long term.

Topics covered in this webinar:   

  1. Overview of Artificial Intelligence and How it Works
  2. Pitfalls of Using AI for Attorneys
  3. Effective Uses of AI for Attorneys
  4. mpact of Artificial Intelligence on the Legal Profession

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Ryan Abbot
    • Mediator and Arbitrator, JAMS ADR
  • Bradford Newman
    • Chair of North America Trade Secret Practice, Baker McKenzie
 

Attending the webinar

If you would like to attend the program, please click this link and add the program to your “Cart.” Please note you may need to click the link twice to reach the webinar’s page.