Category Archives: Privacy & Cybersecurity

Don’t Miss PLI’s End of Year Sale!

Browse our collection today and save big now through the end of December!

Don’t Miss PLI’s End of Year Sale!

Browse our collection today and save big now through the end of December!

New Title! Cybersecurity Obligations for Attorneys: Confidential Information in the Age of Cyber Crime

PLI Press is proud to announce the publication of the new practice guide Cybersecurity Obligations for Attorneys: Confidential Information in the Age of Cyber Crime.

This book provides a general understanding of the scope of cyber threats facing the legal profession.  It focuses on the expansion of Rule 1.6 (confidentiality) obligations to specifically address cyber threats and security measures.  It also gives lawyers ways to think about cyber risks when managing their practices on a day-to-day basis. Attorneys can use this one-stop reference to determine their baseline cybersecurity obligations to clients and third parties.

The book covers the following important topics:

  • The cybersecurity threat landscape (see Chapter 1)
  • Cyber threat prevention under the Model Rules and various state codes (see Chapter 2)
  • Obligations imposed by federal and state data breach and privacy laws (see Chapter 3)
  • Federal regulation of cybersecurity obligations (see Chapter 4)
  • How to demonstrate that cybersecurity measures are reasonable using the SAFETY Act (see Chapter 5)
  • Cyber risk mitigation options (see Chapter 6)

Notably, the book also offers attorneys practical recommendations on creating a cybersecurity strategy (see Chapter 7).  All lawyers, ranging from solo practitioners to senior managers at large firms, can benefit from the information and guidance in this book.

We are excited to share this new title with you!

PLUS Subscribers can access this title with their subscription.

Order a print copy today.

 Is your library interested in subscribing to PLI’s Standing Order Plan (SOP)? SOP subscribers automatically receive print copies of new titles to review upon release.  If you decide to keep the title, you will receive a discount up to 25% off the title and all future supplements. Call 877.900.5291 or email libraryrelations@pli.edu to learn more.

Treatise Update – Proskauer on Privacy: A Guide to Privacy and Data Security Law in the Information Age (Second Edition)

Proskauer on Privacy: A Guide to Privacy and Data Security Law in the Information Age is a comprehensive reference on the laws governing every area where data privacy and security is potentially at risk. The treatise guides entities in developing compliance programs that satisfy federal and state standards, ensure data privacy and security, prevent cybercrime, and avoid fines, penalties, litigation, damages, and negative publicity.  It also examines international regulation of privacy and data security.

Some of the recent developments discussed in this new release include:

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title! Cyber Insurance Claims, Case Law, and Risk Management

PLI Press is proud to announce the publication of the new treatise Cyber Insurance Claims, Case Law, and Risk Management.

This treatise provides comprehensive analysis of the ever-changing and escalating cyber claim landscape as it relates to insurance coverage and overall risk management. It features in-depth case and insurance policy analysis and discussion of loss mitigation steps, along with chapter summaries that can serve as quick reference checklists for practitioners. A valuable resource for law firms, breach response counsel and any risk management professional, this book guides readers by:

  • Providing tools for assessing cyber risk profiles and liability exposures, understanding insurance coverage and recognizing frequent pressure points in the scope of such insurance coverage
  • Improving loss prevention and loss mitigation efforts to reduce cyber exposures and the threat of legal action against senior management
  • Providing a reference guide to key insurance policy insuring agreements and protections
  • Identifying problematic issues encountered by others in pursuing coverage
  • Providing analysis of legal arguments and outcomes regarding claims for coverage
  • Identifying issues likely to be encountered when addressing cyber losses and pursuing insurance recovery

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title! FinTech, RegTech, and the Financial Services Industry

PLI Press is proud to announce the publication of the new treatise FinTech, RegTech, and the Financial Services Industry.

Editor Clifford Kirsch, a leading securities lawyer with more than 25 years of regulatory, corporate counsel, and private practice experience, and a team of 39 experts offer extensive analysis of the legal and compliance issues arising out of the increasingly rapid developments in financial technology, including crowdfunding, blockchain technology and cryptocurrency, and the advent of robo-advisors, and the emerging regulatory framework.

Divided into seven parts, this treatise:

  • Provides introductory discussions tracing the development of fintech, regtech, and suptech, as well as a review of the regulatory agencies that cover financial products and services that fall under the fintech umbrella.
  • Examines the business applications of fintech and their attendant regulatory implications, such as the use of digital technology by financial services firms to interact with customers; raising equity capital through the SEC’s Regulation Crowdfunding; and more.  
  • Covers the concept of creating a general ledger through blockchains, which can be relied upon by the public as a source of information of ownership.
  • Examines the issues that arise when considering the handling and use of data by fintechs.
  • Considers anti-money laundering in the fintech context.
  • Provides a discussion of the legal effectiveness of electronic signatures, electronic records, electronic delivery (“e-delivery”) of records, and electronic retention of records.
  • Discusses firms’ integration of data analytics into their compliance programs, as well as regulators’ use of data analytics to surveil financial markets for potential misconduct.

Order a print copy today. PLI PLUS subscribers can access this title through their subscription.

More PLI Press books by Clifford Kirsch:

Treatise Update: Proskauer on Privacy

Proskauer on Privacy: A Guide to Privacy and Data Security Law in the Information Age provides essential guidance to organizations on how to develop compliance programs, ensure data privacy and security, prevent cybercrime, and avoid or minimize fines, penalties, litigation, damages, and negative publicity.

Updated content from the new release includes:

  • Chapter 3, Medical Privacy, notes proposed changes to the HIPAA Privacy Rule to support individuals’ engagement in their care, remove barriers to coordinated care, and reduce regulatory burdens on the health care industry.
  • Chapter 9, Workplace Privacy, updates discussion of privacy concerns regarding COVID-19 infections; cannabis screening of employees and potential hires; use of biometrics; and recent NLRB rulings.
  • Chapter 13, Canadian Privacy Law, adds discussion of the statutory tort of invasion of privacy enacted in British Columbia, Saskatchewan, Manitoba, and Newfoundland; proposed amendments to PIPEDA under Bill C-11, which takes some lead from the GDPR; and proposed amendments to Quebec’s PIPA.
  • Chapter 17, Data Breach Litigation, incorporates summaries of recent significant data breach litigation, and expands circuit-specific discussions of the courts’ approaches to various issues including standing, causes of action, and damages.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title! Internet of Things and the Law

PLI Press is excited to announce the publication of Internet of Things and the Law, a new treatise examining the Internet of Things (IoT) and its current regulatory framework.

The IoT has been defined as objects or “things” embedded with technology to allow them to interact in real time with the physical environment, people, and other devices—ranging from everyday household products like coffee makers and toothbrushes to insulin pumps and component parts of machines. This book serves as a starting point for those seeking a deeper understanding of the IoT’s role within the law or those searching for answers to novel legal questions that arise when machines go online to communicate with each other.

The book discusses the current and potential impact of the IoT in the following areas:

  • Privacy
  • Security
  • Contracts
  • Intellectual Property
  • Consumer Protection Litigation
  • Civil Discovery
  • Criminal Law and Procedure

The book concludes with a chapter on international approaches to the regulation of IoT.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title – California Consumer Privacy Act Annotated

PLI Press is excited to announce the publication of a new treatise on the California Consumer Privacy Act (CCPA), the first law of its kind in the United States providing consumer privacy protections.

California Consumer Privacy Act Annotated equips businesses and practitioners with the tools they need to understand the data they collect and how that data is used, disclosed, and stored, and then develop the framework, policies, and procedures to meet the CCPA notice requirements and to respond to data subject requests. This timely book takes into account the final text of proposed regulations the Attorney General submitted to the California Office of Administrative Law on June 1, 2020.

This thorough treatise includes advice on:

  • Determining whether an entity meets certain size and scope thresholds to be subject to the CCPA
  • Evaluating whether personal information collected from consumers, households, and devices is protected under the CCPA or whether an exemption applies
  • Understanding the considerations surrounding the sale of personal information by a business to a third party
  • Drafting sound notices at collection and privacy policies
  • Understanding the rights the CCPA grants to consumers regarding their personal information, as well as the different exceptions and limitations to these rights, in setting up processes and procedures for compliance
  • Building an infrastructure and creating procedures for managing and responding to consumer requests under the CCPA
  • Evaluating security requirements and practices in light of the new private right of action in which consumers can seek actual damages and statutory damages for a personal information security breach that is the result of a business’s failure to use reasonable security

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

PLI Current: COVID-19 Special Issue

PLI Press published a special issue of PLI Current to address the developing effects of the COVID-19 outbreak on the legal community. Covering a variety of legal issues related to COVID-19, this special issue contains a mix of original reportage, program materials and transcripts from recent PLI One Hour Briefings. Below is a list of contents along with links to individual articles.

*All articles and online programs related to the global coronavirus crisis are free to access with your PLI login. For upcoming programs, visit pli.edu/coronavirus.

  1. COVID-19: Reducing the Spread of Both Illness and Social Panic 
  2. Coronavirus: What Lawyers Need to Know: Transcript of the PLI One Hour Briefing, conducted March 10, 2020 
  3. Coronavirus: What Lawyers Need to Know (program materials)
  4. Coronavirus: Insurance Coverage for Event Cancellation, Travel and Supply Chain Losses: Transcript of the PLI One Hour Briefing, conducted March 17, 2020 
  5. Coronavirus: Insurance Coverage for Event Cancellation, Travel and Supply Chain Losses (program materials) 
  6. Investment Adviser Regulatory Update: Considerations Regarding the Coronavirus and Getting Ready for the 2020 ADV Update Season: Transcript of the PLI One Hour Briefing, conducted March 18, 2020 
  7. Investment Adviser Regulatory Update: Considerations Regarding the Coronavirus and Getting Ready for the 2020 ADV Update Season (program materials) 
  8. COVID-19 and the Cyber-Risks of Working from Home: Meeting the Challenges: Transcript of the PLI One Hour Briefing, conducted March 25, 2020 
  9. COVID-19 and the Cyber-Risks of Working from Home: Meeting the Challenges (program materials) 
  10. COVID-19 Challenges for First Quarter 2020 Form 10-Q and Annual Meetings: Transcript of the PLI One Hour Briefing, conducted March 26, 2020 
  11. COVID-19 Challenges for First Quarter 2020 Form 10-Q and Annual Meetings (program materials) 
  12. How Employers Can Manage the Coronavirus/COVID-19 Pandemic: Your Workplace Questions Asked—and Answered!: Transcript of the PLI One Hour Briefing, conducted March 26, 2020 
  13. How Employers Can Manage the Coronavirus/COVID-19 Pandemic: Your Workplace Questions Asked—and Answered! (program materials)
  14. Coronavirus Considerations: SEC Disclosure, Labor & Employment, Insurance, Litigation, Breach of Contract and Force Majeure Issues: Transcript of the PLI One Hour Briefing, conducted March 27, 2020 
  15. Coronavirus Considerations: SEC Disclosure, Labor & Employment, Insurance, Litigation, Breach of Contract and Force Majeure Issues (program materials)