New Cybersecurity Regulations from the NYDFS – What do They Mean?

New, groundbreaking cybersecurity regulation promulgated by the New York Department of Financial Services requires organizations under its jurisdiction to establish and maintain cybersecurity programs. Unlike current federal law that allows substantial flexibility for institutions to implement reasonable security safeguards, the new NYDFS regulations dictate specific, prescriptive measures companies must take to detect, prevent and report cybersecurity threats. Who is covered and what is required?

Dispelling E-Discovery Myths: Some Advice For Junior Litigators

I recently collaborated with my colleague Amy Hinzmann on an article for the American Bar Association Securities Litigation Section Newsletter, where Amy uses a hypothetical e-discovery project as a teaching tool to help junior-level litigators better understand how to execute a high-volume, quick-turn e-discovery project, and to accomplish the work on time, at a reasonable cost, and with high quality. If you’re a junior lawyer, or inexperienced with e-discovery services and projects, please read on...

The SEC Announces Record-Setting Enforcement Actions in 2014

Earlier this week the Securities and Exchange Commission announced that, for the fiscal year ending in September 2014, the agency filed a record-setting 755 enforcement actions. In this regulatory environment, virtually every corporation faces the risk of an enforcement action by the SEC, and the onerous e-discovery burdens often imposed by those actions.

Holes in the Volcker Rule: A Bottomless Abyss for Financial Services E-Discovery?

Volcker Rule Effects on Financial Services E-Discovery Kenneth E. Bentsen, Jr., the president & CEO 
of the Securities Industry and Financial Markets Association, recently wrote a great op-ed titled “Holes in the Volcker Rule.” In his article, Mr. Bentsen explores one of the greatest challenges in interpreting and enforcing the Volcker Rule (part of the ...

Big Law is Taking Information Security Concerns More Seriously – It’s About Time

As we moved into an era of electronic documents, firms deployed information security measures, but by and large, those safeguards were not particularly robust. But generally, these data security protocols were good enough for clients, and therefore good enough for the firms. Times have changed. Law firms now realize that information security must be a top priority, for several reasons.