On July 19, 2017 Executive Managing Partner Daniel Garrie published “CyberLife: Social Media, Right-of-Publicity and Consenting to Terms of Service” in the Legal Executive Institute blog. The past few years have seen a surge of activity in right-of-publicity litigation related to social media. Cases such as Fraley v. Facebook and Perkins v. LinkedIn addressed social media websites’ unauthorized use
Read More2014 brought companies like Sony Pictures Entertainment Inc., Domino’s Pizza, eBay Inc., and the US Postal Service to the front page news as victims of cyber hacking. The reality is that cyber hacking is costing companies not only a headache and their reputation, but a whole lot of money. Despite statistics that show over $445
Read MoreIn the first post of this series, there was an overview of the SEC’s “OCIE Cyber Security Initiative” and its effect on broker-dealers and registered investment advisers. In this post, there will be a closer analysis of the nine pieces of information that must be provided upon request and their implications for firms. The scope
Read MoreBased on recent announcements made by the SEC, publicly traded companies doing business with the United States need to begin focusing on of cyber security. On April 15, 2014, the SEC’s Office of Compliance Inspections and Examinations issued an alert entitled “OCIE Cyber Security Initiative” (the Risk Alert). The Risk Alert is the latest in
Read MoreThis final posting looks at the impact of what happens when a mobile phone is lost in a BYOD environment and the potential cyber security problems this can present and offers several different solutions law firms and companies can evaluate for addressing this concern. The third risk seems very low-tech, but it is in some
Read MoreThis second blog posting examines the impact when law firms and companies have a BYOD policy, but fail to educate employees on how to protect mobile devices. It also examines the consequences of when mobile malware infects a personal mobile device and then jumps to the employers internal systems. On average, most employees, whatever their field, are
Read MorePersonal smart phones dominate the corporate workplace. BYOD, or “Bring Your Own Device,” has become ubiquitous in offices worldwide. One device for work and one for personal use is typical in today’s arena; it is more than just the social media marketing managers and savvy employees or lawyers who want continuous access. As employees look
Read MoreTo begin, the reviewer should focus on the manner in which the evidence was acquired. The report should establish if the original evidence was acquired by a duplicate bit-by-bit image of a hard drive or by live acquisition. While the manner of acquisition is dictated by the circumstances, a bit-by-bit acquisition is generally more reliable
Read MoreA digital forensics expert can be used in a variety of ways: as an expert witness, for litigation support, to conduct Non-Invasive Data Acquisition (NIDA), to proactively investigate potential disputes prior to litigation, or to recover data negligently or intentionally destroyed. Over the last several years commercial hardware and software vendors who specialize in digital
Read MoreThe Daubert decision resulted in a set of standards used by judges to determine whether scientific evidence is admissible in federal court. It applies to any scientific procedure used to prepare or uncover evidence and comprises the following factors: Testing: Can and has the scientific procedure been independently tested? Peer Review: Has the scientific procedure
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