Entries by Information Analyst

The advantages of mediating Computer Fraud and Abuse Act disputes

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The advantages of mediating Computer Fraud and Abuse Act disputes

Insights

Daily Journal

 

The advantages of mediating Computer Fraud and Abuse Act disputes

 

February 6, 2024

 

By Daniel Garrie, Hon. Gail A. Andler

 

The Computer Fraud and Abuse Act of 1986 (“CFAA”), codified as United States Code Title 18 Section 1030, is probably best known as the primary federal law governing cybercrime in the United States today. However, the CFAA also provides for civil remedies, which some companies have seen as an way to recover monetary damages for suffered losses from data breaches or cyberattacks that the government is either unwilling or unable to prosecute due to the explosion of cybercrime in recent years. For CFAA cases pursued as civil matters, mediation can be an effective tool for resolving disputes, saving the parties time and money in a way that gets to the heart of the technical issues.    

What is the CFAA?  

At a high level, the CFAA prohibits unauthorized access of protected computer systems and the distribution, theft, or damage of information from a computer or network. The CFAA also includes provisions prohibiting other computer related offenses such as computer espionage, trafficking in passwords, and transmitting malicious code.  

Notably, the CFAA also allows individuals to bring civil actions for violations of the CFAA. Pursuant to Section 1030(g) of the CFAA, “Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief.”  The CFAA limits the right of a private individual to bring a civil action only where the violation: (1) modifies or impairs medical examination, diagnosis, treatment or care of a person or persons; (2) causes physical injury to any person; (3) causes a threat to public health or safety; or (4) causes “loss” to one or more persons during any one-year period aggregating at least $5,000 in value. 

This gives entities that have been the victim of cybersecurity breaches a useful tool in situations where law enforcement does not pursue the matter. There are also advantages for the plaintiff as the “preponderance of evidence” standard of civil cases is much lower than the “beyond a reasonable doubt” standard of criminal cases.

To read the full article, go to Daily Journal

Harnessing the Power of Technical E-Discovery Neutrals in Litigation

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Harnessing the Power of Technical E-Discovery Neutrals in Litigation

Insights

Technical E-Discovery Neutrals in Litigation

New York Law Journal

 

Harnessing the Power of Technical E-Discovery Neutrals in Litigation

 

February 2, 2024

 

By Daniel Garrie, Leo M. GOrdon

 

E-discovery processes can be complex given the sheer volume and diversity of digital data, combined with the technical intricacies of data management and retrieval. This is where technical e-discovery neutrals come into play, offering their specialized expertise to manage and streamline e-discovery processes.

The digital age has significantly transformed the legal landscape, particularly in the realm of discovery. Electronic discovery (e-discovery) has emerged as a critical part of modern litigation regarding the identification, collection and production of electronically stored information (ESI). However, e-discovery processes can be complex, given the sheer volume and diversity of digital data, combined with the technical intricacies of data management and retrieval. This is where technical e-discovery neutrals come into play, offering their specialized expertise to manage and streamline e-discovery processes, potentially narrowing disputes and saving significant time and cost.

 

Role of Technical E-Discovery Neutrals

Technical e-discovery neutrals are legal professionals with expertise in both the law and technology. They work to facilitate efficient and cost-effective e-discovery processes by advising parties on technical issues, ensuring compliance with relevant legal standards, and arbitrating disputes over ESI. Their involvement can range from consultative roles to more formal appointments by courts, especially in complex litigation where the e-discovery process might be contentious or technically challenging.

 

To read the full article, go to Daily Journal

RSA Conference

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RSA Conference

Events

In Person Event

RSA Conference 2024

When: May 6th – 9th, 2024

Format: In-Person

In an ever-changing cybersecurity world, innovation and creativity are key. Join RSAC 2024 and discover The Art of Possible as we collectively create works that will change our perspective on what we can accomplish. Let’s celebrate limitless opportunities, challenge the status quo, and explore new horizons together.

REGISTER NOW
 

     Why You Should Attend

 

  • Learning from Industry Leaders: Access to presentations and panel discussions from leading cybersecurity experts, providing insights into the latest trends, threats, and technologies.
  • Networking Opportunities: The chance to connect with peers, industry leaders, and cybersecurity professionals from around the world, facilitating the exchange of ideas and fostering professional connections.
  • Exploring Innovations: An exhibition floor showcasing the latest cybersecurity products and services from top vendors, offering hands-on experience with new technologies.
  • Professional Development: Sessions and workshops designed to enhance skills and knowledge in various cybersecurity domains, often with the opportunity to earn continuing education credits.

Speakers:

Daniel Garrie
Law & Forensics

 





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More Events

What Lawyers Should Know About Cloud Computing and Its Uses for eDiscovery

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What Lawyers Should Know About Cloud Computing and Its Uses for eDiscovery

Webinar

Cloud Computing and Its Uses for eDiscovery



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About This Webinar

Today, the cloud is ubiquitous. Even those who do not understand the technology, likely use it on a daily basis through services such as Microsoft Suite, Google Drive, or iCloud. Cloud computing has proven to be incredibly useful with the increase in remote work, as it enables organizations to store and access data remotely in a one-stop-shop accessible to all members of a team. To that end, cloud computing has become an important resource for legal teams, as it has the potential to improve the efficiency of the eDiscovery process while reducing its cost, supporting teams in managing the increasing amounts of data involved in litigations. This seminar serves as a valuable resource from the perspective of expert legal and technical experts for attorneys looking to better understand how the cloud works and considering its potential benefits and drawbacks for supporting eDiscovery.

Our expert panelists begin by introducing cloud computing and breaking down some of the complexities about how it works and its many uses. They clarify the different types of services and examples of their applications. After this thorough background, the panelists will review the benefits of using cloud computing in a litigation, highlighting its advantages for security, cost, accessibility, and ease of scalability. The experts then go on to discuss some of the drawbacks that come with cloud computing and the critical information that attorneys should know to best assist their clients during eDiscovery.

Topics covered in this webinar:   

  1. What Attorneys Should Understand About Cloud Computing 
  2. Access, Cost, and Security: Benefits of Using the Cloud 
  3. Format Challenges, Risks, and Hidden Costs: Potential Drawbacks 

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Jennifer Hoekstra
    • Partner, Aylstock Witkin Kreis & Overholtz PLLC
       

Attending the webinar

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Guide to Navigating AI and Its Ethical Challenges

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Guide to Navigating AI and Its Ethical Challenges

Webinar

AI and Its Ethical Challenges



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About This Webinar

Artificial Intelligence (AI) was the word of the year for many in 2023. While AI has been in use in our technology for years, generative AI models such as ChatGPT brought its awareness and use to the mainstream.  Yet, AI raises many ethical concerns that have not been entirely addressed by lawmakers and software developers, namely safety, privacy, inclusivity, and intellectual property. Part of the challenge of AI is that it is created by humans, and, thus, inherently human bias is coded into its system. As AI will undoubtedly continue to grow in use for its ability to increase efficiency and cut both time spent and costs, it is important for lawyers to understand the ethical challenges AI and its uses pose, as well as lawyers’ obligations when using the technology or advising clients using it. 

In this seminar, our expert panelists begin by explaining how artificial intelligence, deep learning and generative AI are. They go on to describe the various kinds of AI and examples of how they are used in our daily lives. The panelists describe the role that humans play in building AI and the benefits it has on the systems that are created. The speakers then outline some of the key risks and ethical concerns of AI, including bias in AI, reliability, and privacy concerns. They cover the elements of AI that can become invasive to our society and the transparency that is required to combat these privacy issues. The panelists discuss the challenges AI poses to intellectual property rights and raise questions about legal ownership of AI generated content. Finally, the panelists highlight the ethical obligations of AI use by attorneys, discussing a case of its misuse.

Topics covered in this webinar:   

  1. What is AI, Deep Learning, and Generative AI? 
  2. Hybrid Technology: Artificial Intelligence and Human Input 
  3. Ethical Concerns of AI Use 

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Maura R. Grossman
    • Research Professor, University of Waterloo
    • Principal, Maura Grossman Law
  • Karen Silverman
    • CEO and Founder, The Cantellus Group
  • Jenny Cieplak
    • Partner, Latham & Watkins LLP
       

Attending the webinar

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Code and Ethics: Understanding Attorneys’ Ethical Obligations after Data Breaches

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Code and Ethics: Understanding Attorneys’ Ethical Obligations after Data Breaches

Webinar

Ethical Obligations after Data Breaches



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About This Webinar

Today, cybersecurity experts often say businesses have either already experienced a cyber-attack or will undoubtedly in the future. While good progress has been made in establishing comprehensive incident response and increasing cybersecurity awareness, attorneys must also meet ethical obligations in understanding the technology, as well as monitoring responding to cyber incidents. In our increasingly digitized world, these responsibilities, outlined in the Model Rules of Professional Conduct, are critical to attorneys’ practice and client representation. This seminar provides attorneys with guidance on their ethical duties and insights from expert practitioners on meeting the challenge of technology.  

In this seminar, our expert panelists begin by introducing the ethical concerns that data breaches can create. Our speakers then go on to outline the responsibilities that attorneys have when dealing with a data breach incident using the Model Rules of Professional Conduct. The experts will focus on the necessity of having foundational knowledge on the methods of protecting client data and the violations that could incur. The panelists will then go through the various rules related to the notice of data breach. They will summarize the obligations of reporting to current and former clients. Finally, the panelists will engage in a lively discussion of some of the less clearly defined rules and how they are interpreted by lawyers and courts.  

This course is brought to you by the Global Cyber Institute and Thomson Reuters and is nationally accredited.

Topics covered in this webinar:   

  1. State of Cryptocurrency and the Securities and Exchange Commission (SEC) 
  2. Increased Enforcement Actions in 2023 
  3. Efforts Towards Federal Regulations for DeFi 
  4. Key Takeaways From 2023 and Looking Forward at 2024

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Hon. Thomas Vanaskie
    • Of Counsel, Stevens and Lee
  • Carolyn Purwin Ryan
    • Partner, Mullen Coughlin LLC
  • Cristina Dolan
    • LATAM Managing Director, Head of Americas Channel and Global Alliances, RSA Security
  • Joseph Santiesteban
    • Partner, Orrick, Herrington & Sutcliffe 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.

 

2023 Year In Review: ​SEC Cryptocurrency ​Enforcement

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2023 Year In Review: ​SEC Cryptocurrency ​Enforcement

Webinar

SEC Cryptocurrency ​Enforcement



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About This Webinar

The fall of FTX at the end of 2022 and Sam Bankman-Fried’s ensuing trial throughout 2022 left many doubting the future legitimacy of decentralized finance and cryptocurrency. Yet while there are still many crypto enthusiasts and users, mainstream attention towards this industry has focused on the increasing enforcement actions against DeFi platforms and exchanges by regulatory agencies, particularly from the Securities and Exchange Commission. In 2023, the SEC’s Division of Enforcement brought numerous actions against crypto asset lending and staking services. Particularly notable examples such as Binance, Kraken, and Coinbase alleged that the organizations operated as unregistered national securities, exchanged brokers, and clearing agencies. There were additionally hundreds of millions of dollars’ worth of charges for fraud and misappropriation of funds. Yet these enforcement actions received pushback from U.S. lawmakers and private entities, pushing back against its “regulation by enforcement” approach towards crypto, rather than an established legal framework for organizations to reference for compliance. In the face of lowered consumer faith, increasing enforcement actions, and governance tensions, this course taught by our subject matter experts and practitioners will be an essential resource for attorneys advising actors in the DeFi space or looking to better understand the industry. 

In this seminar, our expert panelists begin with a discussion of the state of cryptocurrency and what developments 2023 has brought. Next, the panelists discuss the enforcement stance adopted by the SEC in the past year and analyze its enforcement actions against cryptocurrency players in 2023, unraveling the complexities of key cases to provide attendees with a nuanced perspective on the legal challenges faced by the industry. The speakers then review the new bipartisan bill introduced by the Senate with the goal of regulating decentralized finance protocols, addressing critical issues that have emerged in this rapidly evolving sector. Finally, the panelists share their key takeaways from 2023 and their expectations going into 2024. 

This course is brought to you by the Global Cyber Institute and Thomson Reuters and is nationally accredited.

Topics covered in this webinar:   

  1. State of Cryptocurrency and the Securities and Exchange Commission (SEC) 
  2. Increased Enforcement Actions in 2023 
  3. Efforts Towards Federal Regulations for DeFi 
  4. Key Takeaways From 2023 and Looking Forward at 2024

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Joshua Ashley Klayman
    • U.S. Head of Fintech
    • Head of Blockchain and Digital Assets, Linklaters, New York
  • Tiffany Smith
    • Partner, WilmerHale
  • Eric Rosen
    • Founding Partner, Dynamis LLC
       
       

Attending the webinar

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Trending Up: Review of Cyber Litigations in 2023 and Going Into 2024

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Trending Up: Review of Cyber Litigations in 2023 and Going Into 2024

Webinar

Cyber Litigations



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About This Webinar

Today, most businesses know that cybersecurity threats are as much of a technical risk as they are a legal and regulatory one. The consequences of a cyber event are costly, and the proof is in the numbers. The United States, in particular, leads the world in incurring the highest average cost of data breaches, much of which is incurred through customer litigations and regulatory enforcement. In 2023, cybersecurity regulations across all sectors were plentiful, and some defining cyber-attacks, such as the MOVEit data breach, or cases such as Merck Co. Inc. et al. v. ACE American Insurance Co. et al., will have lasting effects on corporate cybersecurity. Looking to 2024 and beyond, knowledge of the past year’s cyber litigations and regulatory developments will enable lawyers to proactively assess risks, develop robust cybersecurity strategies, and navigate the complex landscape of cybersecurity litigation.  

In this seminar, our expert panelists will begin by giving background about cybersecurity and the threat landscape in 2023. Audience members will get a better understanding of the different modes of attack that threat actors may use as well as context into one of the biggest breaches of the year so far. The experts then go on to outline the new and proposed SEC rules related to cybersecurity. They describe the new disclosure requirements as well as the proposed consumer protection rules. The panelists then focus on the defining cybersecurity litigations of 2023, sharing the key insights and lessons to retain from the past year’s events. They conclude by sharing what to expect and prepare for in the future of cybersecurity litigation.

This course is brought to you by the Global Cyber Institute and Thomson Reuters and is nationally accredited.

Topics covered in this webinar:   

  1. Data Breach and Cybersecurity Landscape in 2023 
  2. Tightening of Cybersecurity Regulation: New and Proposed SEC Cyber Rules 
  3. Legal Responses to Digital Threats and Breaches 
  4. Critical Concern for Cyber Litigations in 2024

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Hon. Thomas Vanaskie
    • Of Counsel, Stevens and Lee
  • Brian Levine
    • Managing Director, Cybersecurity and Data Privacy, Strategy and Transactions, Ernst & Young
  • David Hamilton
    • Managing Counsel, Global Privacy, Fiserv
  • Jeffrey Caso
    • Associate Partner, McKinsey & Company

Attending the webinar

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Acronym Soup: ​CCPA 2023 ​Year in Review

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Acronym Soup: ​CCPA 2023 ​Year in Review

Webinar

CCPA 2023



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About This Webinar

The California Consumer Privacy Act (CCPA) has stood out as a beacon of consumer protection in the digital age since its enactment in 2020. The groundbreaking legislation represented a defining step in data privacy regulation in the United States and has been followed by an increasing number of states’ own such regulatory efforts. The California Privacy Rights Act (CPRA) amendment to the CCPA took effect on January 1, 2023. Yet its enforcement was delayed until March 29, 2024, by a California court injunction. This postponement allowed businesses the welcomed additional time to comply, but ahead of the rapidly approaching deadline and existing regulations remaining active and enforceable, understanding the intricacies of the CCPA is paramount for attorneys. By comprehending the nuances of this legislation, lawyers can effectively counsel their clients on compliance measures, minimizing the risk of legal repercussions and safeguarding their reputation in an era of ballooning consumer data.  

In this seminar, our expert panelists begin by providing attendees with a comprehensive overview of the California Consumer Privacy Act and the protections it affords consumers under the law. They shed light on the foundational principles of the CCPA, emphasizing the crucial rights it grants to Californian residents regarding their personal data. The panelists then discuss the CPRA, marking a significant evolution in data privacy regulation. The panelists will meticulously dissect these amendments, elucidating the expanded definition of personal data and the nuanced implications of the transference of rulemaking authority. Attendees can expect insight into the practical implications for businesses and consumers alike. The seminar will continue with the developments that unfolded in 2023 and the experts will share their insights and expectations for 2024, providing valuable foresight into the regulatory changes and emerging trends as the digital landscape continues to expand.  

This course is brought to you by the Global Cyber Institute and Thomson Reuters and is nationally accredited.

Topics covered in this webinar:   

  1. Overview of the California Consumer Privacy Act 
  2. CCPA Expansion: CPRA 
  3. Developments of 2023 

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Tarique Collins
    • Chief Legal Officer, Click Therapeutics, Inc.
  • Shelli Clarkson
    • Of Counsel, Spencer Fane LLP
  • Melanie Phillips
    • Senior Corporate Counsel, T-Mobile

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User Guide: New SEC Cyber Rules and Balancing the Risk to Trade Secrets

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User Guide: New SEC Cyber Rules and Balancing the Risk to Trade Secrets

Webinar

SEC Rules



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About This Webinar

Today, cybersecurity incidents are largely inevitable consequences of our increasingly digital world. In fact, approximately 83% of companies have or will experience a breach. As the technical risks have increased, so has regulatory oversight. The “Rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure by Public Companies” released by the Securities and Exchange Commission in 2023 are a defining example of this trend. Boards and senior executives must now demonstrate active oversight of their corporation’s cybersecurity program. In addition to potential personal liability, corporate leaders must now weigh increased disclosure requirements with their risk to trade secrets. This course led by our subject matter experts and practitioners will be a valuable resource for attorneys looking to understand and be prepared to answer these challenging questions. 

 

In this online seminar, our expert panelists begin by introducing the background related to the Securities and Exchange Commission 2023 Rules and the motivations behind establishing these rules. Next, our speakers explain the details of SEC Rule, the reporting requirements, and the responsibilities of management and board. Our experts will then go on to discuss potential security risks and the relationship between the disclosure requirements and trade secret considerations. Finally, the panelists will provide audiences and public organizations with best practices for implementing the SEC’s rules.  

This course is brought to you by the Global Cyber Institute and Thomson Reuters and is nationally accredited.

Topics covered in this webinar:   

  1. Securities and Exchange Commission 2023 New Cybersecurity Rules 
  2. Key Elements of the New SEC Rule 
  3. Balancing the New SEC Rules with Trade Secret Concerns 
  4. Best Practices for Regulated Corporations 

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Michelle Tanney
    • Partner, Baker Hostetler
  • David Anderson
    • Vice President, Cyber Liability, Woodruff Sawyer
  • Sean McTigue
    • Principal, Bartko Zankel Bunzel & Miller

Attending the webinar

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