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Last month in Poway, California, Gabriela Dow, a member of the district’s Educational Technology Advisory Committee, made a fairly routine public records request for information from the school district. She sought information related to the day-to-day operation and technology of the school district, as well as any records bearing her own name. But what Ms. Dow actually received was quite troubling.
I recommend that all lawyers stay informed about these FBI cybersecurity alerts and the cybersecurity threats that prompt them. In fact, I believe our ethical duties obligate us to take this reasonable step, which will ebable us to better protect the confidential and private information of our clients.
As reported in the Wall Street Journal on March 29, 2016, a number of U.S. law firms—including the prestigious Wall Street firms Cravath Swaine & Moore LLP and Weil Gotshal & Manges LLP—have become the latest victims of significant data hacks. And in posts to underground web sites, the hackers have threatened to breach other firms.
Technology Assisted Review (TAR) Across the Atlantic: UK Court Approves the Use of TAR for Electronic Disclosures
A British court has now joined courts in the United States—and one in Ireland—by approving the use of technology assisted review (TAR) in litigation. On February 16, 2016, in the matter Pyrrho Investments Ltd. v. MWB Property Ltd., Master Matthews of the High Court of Justice Chancery Division granted the parties’ request to use predictive coding technology to identify documents for electronic disclosures (the U.K. analog to U.S. e-discovery). According to Master Matthews, it was the first such decision in the U.K.
On February 2, 2016, the European Commission and the U.S. Department of Commerce announced a new framework to govern the transfer of data from the EU to the United States, referred to as the EU-U.S. “Privacy Shield." The new protocol is intended to replace the 15-year-old Safe Harbor agreement that the European Court of Justice struck down in October, on the grounds that it failed to adequately protect the privacy rights of EU citizens.