Insights
Analysis and practical guidance at the intersection of law and technology.
49 articles
NFT Royalty Disputes: Who Owns the Revenue Stream?
On-chain royalty enforcement collapsed when major marketplaces bypassed creator fees in 2022–2023. Here is where the legal exposure sits today.
Third-Party Cyber Risk: The Contract Controls That Actually Do Something
Which vendor cyber provisions change outcomes: notice clocks read backward, exercisable audit rights, indemnity caps, flow-down, and deletion at exit.
Expert Disclosure for Technical Experts: Rule 26(a)(2) in Practice
Rule 26(a)(2) for forensic experts: the six report elements, why (a)(2)(C) misclassification forfeits work-product protection, and what stays discoverable.
Legal Hold: What Triggers the Duty to Preserve, and What Actually Satisfies It
When the duty to preserve attaches, how far a legal hold must reach, and what FRCP 37(e) requires before a court can sanction a party for lost ESI.
Data Subject Access Requests at Scale: Operational and Legal Limits
DSARs at scale: the real deadlines, California verification thresholds, redaction limits, and how access requests get used in litigation and HR disputes.
Mobile Device Forensics: What Extraction Can and Cannot Recover
What a phone extraction really returns: logical, file-system and physical tiers, deleted-data limits, cloud and encrypted content, and how to scope it.
Cyber Insurance Coverage Disputes: Where Claims Actually Get Denied
Where cyber insurance claims actually get denied: war exclusions, late notice, application warranties, control conditions, sublimits and consent clauses.
Departing Employee Investigations: The First 72 Hours
Preserve the device before IT rebuilds it, pull cloud audit logs before they expire, and build the act-specific record a court needs for injunctive relief.
Slack, Teams and Ephemeral Messaging in Discovery
Slack, Teams and ephemeral messaging in discovery: retention overrides that outrank a hold, message families, export limits, and what courts require.
Chain of Custody for Digital Evidence: What Survives a Challenge
Chain of custody for digital evidence under FRE 901 and 902(13)-(14): hash verification, write blockers, custody logs, and where challenges succeed.
Regulation S-P: The Incident Response Obligations Advisers Keep Missing
How amended Regulation S-P works in practice: when the 30-day clock starts, what the notice must say, the 72-hour vendor rule, and the records exams ask for.
Rule 502(d) Orders: The Protection Most Litigants Never Ask For
An FRE 502(d) order stops privilege waiver in every federal and state proceeding, not just this one. What belongs in it, and the drafting error that guts it.
Smart Contract Disputes: Where Code Meets Contract Law
Smart contract disputes turn on off-chain facts: which terms attached, who held the admin keys, whether an oracle was manipulated, what a judgment reaches.
Privilege Over Incident Response Reports: What the Capital One Line of Cases Changed
Why forensic incident response reports lose work-product protection: what the Capital One line of cases changed about scopes, vendors, and distribution.
Technology-Assisted Review: What Courts Have Actually Approved
Da Silva Moore, Rio Tinto, Dynamo Holdings and Berger v. Graf: what courts held on TAR, seed-set disclosure, recall validation and CAL protocols.
Resolving Trade Secret Disputes Without Destroying the Secret
How trade secret cases are sequenced and contained: particularity before discovery, AEO tiers and their limits, neutral source code review, and forensic…
Mediating a Data Breach Dispute: What Makes These Cases Different
Why data breach mediation differs: contested technical causation, forensic-report privilege fights under Rule 26(b)(3), insurer authority, and class posture.
Working With a Discovery Special Master: What Litigators Should Expect
A special master or discovery referee changes how disputes are raised, decided and reviewed. What Rule 53 and CCP § 639 require, and how to prepare.
DeFi Protocols Under the Bank Secrecy Act: The Compliance Reckoning
FinCEN's 2023 proposed rulemaking on convertible virtual currency mixing signals that DeFi protocols face real BSA obligations. Here is what compliance leaders…
Stablecoin Regulation in 2026: The Compliance Fault Lines
The GENIUS Act signed in 2026 created the first federal stablecoin framework. Here is what compliance officers and counsel need to act on now.
GDPR Fines for AI Training Data: The Enforcement Gap Closing Fast
European regulators are targeting how companies collect and use personal data to train AI models. Here is what that means for your compliance posture.
eDiscovery and AI-Generated Evidence: What Litigators Must Know
AI-generated documents, emails, and chat logs are entering litigation at speed. Here is how to collect, authenticate, and challenge them before a judge.
Crypto Assets in Litigation: How Courts Trace, Freeze, and Seize Digital Wealth
When crypto is at the center of a dispute, courts have real tools to freeze wallets and trace funds. Here is what lawyers and executives need to know.
ChatGPT & Generative AI in Legal Practice: The Ethics Guide
Discover the key ethical obligations lawyers must navigate when using ChatGPT and generative AI tools—covering competence, confidentiality, supervision, and…
Blockchain & Smart Contracts: Legal Risks You Need to Know
Blockchain and smart contracts introduce unique legal risks around enforceability, liability, and regulation. Here's what practicing lawyers need to understand…
NYDFS Cybersecurity Regulation: Compliance Essentials
Master the NYDFS cybersecurity regulation with this practical guide for lawyers—covering key obligations, recent amendments, and actionable compliance steps.
Cyber Insurance: What Attorneys Should Advise Their Clients
Cyber insurance is now a frontline risk-management tool. Learn what practicing attorneys need to know to guide clients toward the right coverage decisions.
CISO Personal Liability After US v. Sullivan: What Lawyers Must Know
The Sullivan conviction reshaped CISO accountability overnight. Learn how personal liability exposure is analyzed and how counsel can protect executive clients.
Digital Forensics for Litigators: How to Read a Forensic Report
Learn how to decode a digital forensics report, challenge findings effectively, and use forensic evidence to strengthen your litigation strategy.
GDPR vs. CCPA: What You Need to Know Now
Navigating GDPR and CCPA compliance is critical for legal counsel. Learn the key differences, overlaps, and practical steps to protect your clients today.
Authenticating Social Media Evidence: A Primer for Litigators
Learn how to properly authenticate social media evidence in litigation—from screenshots to metadata—and avoid the common pitfalls that get digital evidence…
Navigating Ransomware Response and Legal Obligations
When ransomware strikes your firm or a client, knowing your legal obligations and response steps can mean the difference between containment and catastrophe.
eDiscovery and AI: How Generative AI Is Changing Document Review
Generative AI is reshaping eDiscovery by accelerating document review, reducing costs, and surfacing insights faster—here's what legal professionals need to…
SEC Cybersecurity Disclosure Rules: What You Need to Know
The SEC's cybersecurity disclosure rules create new legal obligations for public companies. Here's what practicing lawyers need to understand to advise clients…
Blockchain Evidence & Legal Risk
Smart‑contract disputes have left crypto forums and reached mainstream court dockets. The U.S. Court of Appeals for the Fifth Circuit’s November 2024 decision…
Privacy in the Age of IoT Forensics
Cybersecurity Responsibilities for Corporate Boards As smart devices permeate daily life—from doorbells and thermostats to wearable trackers—the resulting data…
Deepfake Forensics: Legal Challenges & Best Practices
Traditionally, courts admit audiovisual evidence by establishing authenticity via Rule 901 of the Federal Rules of Evidence. A witness confirming a recording is…
Part One: The Critical Role of Cybersecurity in Mergers and Acquisitions
Mergers and acquisitions (M&A) are transformative business transactions that can redefine industries. However, as organizations increasingly rely on digital…
Meeting New York’s Mandatory CLE in Cybersecurity and Data Protection
As of July 1, 2023, attorneys admitted to the New York State Bar are required to complete mandatory Continuing Legal Education (CLE) credits…
Understanding the FTC's Role in Data Privacy and Cybersecurity
In an increasingly interconnected world, data privacy and cybersecurity are critical areas where the Federal Trade Commission (FTC) plays a pivotal role…
Cybersecurity Governance for Boards
Cybersecurity Responsibilities for Corporate Boards Cybersecurity responsibilities for corporate boards are growing as threats increase and legal demands…
Part Two: Strategies to Mitigate Legal Risks from Ransomware Attacks
Mitigating legal risks associated with ransomware requires a multifaceted approach. Implementing effective strategies can help organizations navigate the legal…
Part One: Unveiling the Legal Challenges of Ransomware Attacks
Ransomware attacks have surged, becoming a significant threat to businesses worldwide. These cyber assaults not only disrupt operations but also pose intricate…
Q&A: Cybersecurity Compliance
Q1: Why is cybersecurity compliance so important for law firms? A1: Law firms handle highly sensitive information, including personal data, financial details…
10 Steps for Cybersecurity Compliance
Law firms handle highly sensitive information, from client data to confidential legal documents. This makes them prime targets for cyberattacks. With strict…
Essential Cybersecurity Training
In today’s digital era, where the flow of information is incessant and the stakes are extraordinarily high, lawyers are on the front lines of a…
Q&A: Cloud Compliance and Data Security
Q1: Why is cloud computing beneficial for law firms? A1: Cloud computing enhances a law firm’s operational efficiency and flexibility by providing scalable…
How to Prevent Credit Fraud After Millions of Social Security Records Have Been Leaked
Recent reports reveal that millions of Social Security numbers may have been exposed, leaving individuals vulnerable to identity theft and credit fraud. In…
Why You Should Take the Computer Forensics Course
In today's digital world, computer forensics is an increasingly important skill for lawyers. Computer forensics is collecting, preserving, and analyzing digital…
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