Thursday, July 10, 2014

Risk Updates: Information & Records Ownership + the Value of Firm Cyberinsurance?

First, another audio recording (and slide deck PDF) of a recent ILTA talk now available online: "To Purchase Cyber Insurance or Not: That Is the Question" --
  • "We've heard of car insurance, life insurance and even pet insurance ... why not cyber insurance? It's available, but why should your organization consider purchasing cyber insurance? What is and is not covered by a typical policy? What are some contractual terms and other items to consider when seeking or negotiating a cyber insurance policy for a law firm? Learn the answers to these questions and more from an expert panel offering various perspectives."
For those focused on information security, Law Technology News recommends: "Get Cozy With the FBI and Secret Service to Ameliorate Data Breaches Woes" --
  • "The first step to avoiding a data breach is to create a security framework, Georgetown panelists advise. It's no secret that law firms are magnets for sensitive corporate information. So, said Ayiotis, companies should vet outside counsel the same way they hire other third-party vendors, holding law firms to the same level of due diligence and security checks."
  • "Forming proactive relationships with the government, namely the FBI and the Secret Service agents who handle cybercrimes, can help organizations avoid complications associated with a breach, he said. During a data breach investigation, there is a “high probability” that a company can go from being the victim to the defendant because of a lack of proper data security measures."
On the records management and information ownership front, BNA reports: "Firm Doesn’t Have to Give Ex-Client Originals Unless They’re Needed or Came From Client " --
  • "A client cannot force its former counsel to turn over original papers or documents in the client's files because the client did not show that he gave the firm any original papers or that any originals in its possession are necessary for the client's representation, the Ohio Court of Appeals, Second District, ruled June 20."
  • "A client has the right to any original paper that he gave the lawyer because these are the client's personal property, the court said. There were no such documents in the case files here, it noted.
  • "It could be inferred from a comment to the rule, the court said, that it is the originals of the reasonably necessary items that must be returned. But here, there is no original paper or document that is demonstrated to be necessary to Sacksteder's representation, the court said."
  • "With regard to documents that were created and stored electronically, the court noted that such materials have no single original. Under an Ohio evidence rule, the “original” of an electronic document is any printed copy, it pointed out."

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