technology 101 for the corporate lawyer

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August 6, 2015 Technology 101 for the Corporate Lawyer

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Page 1: Technology 101 for the Corporate Lawyer

August 6, 2015

Technology 101 for the

Corporate Lawyer

Page 2: Technology 101 for the Corporate Lawyer

Page 1

Scott Plichta

Chief Information Security Officer

Corporation Service Company

The Presenters

Jennifer K. Mailander

Associate General Counsel

Corporation Service Company

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“We have a long history of innovation and using

leading edge technology to provide customer

solutions.”

Caterpillar Inc.

What Company?

Page 4: Technology 101 for the Corporate Lawyer

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Describe Yourself

How knowledgeable are you

about technology?

Not at all

Somewhat

Very knowledgeable

I am an expert

Page 5: Technology 101 for the Corporate Lawyer

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Ethical Duty

ABA Model Rules

1.1 “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparationreasonably necessary for the representation.”

Comment 8 “A lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.”

5.3(d) “A lawyer having direct supervisory authority over the non-lawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer.”

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Ethics: Client Confidences

Model Rule 1.6(c)

“A lawyer shall make

reasonable efforts to

prevent the inadvertent

disclosure of, or

unauthorized access to,

information relating to the

representation of a client.”

Page 7: Technology 101 for the Corporate Lawyer

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Cyber Security & Lawyers

According to the FBI, law firms and law departments are among the most vulnerable targets for cyber attacks.

Lawyers are reported to:Have limited resources to dedicate to computer security

Lack a sophisticated appreciation of technology risks

Lack an instinct for cyber security

The ABA Cyber Security Handbook

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Part of a Larger Phenomenon

Individual IT Empowerment

Page 9: Technology 101 for the Corporate Lawyer

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Key Terms and Definitions

Hosting (Website hosting, Web hosting, and Webhosting) – the business of housing, serving, and maintaining files for one or more websites.

The Cloud (Cloud Computing) – a type of Internet-based computing where different services such as servers, storage, and applications are delivered to an organization's computers and devices through the Internet. Examples of Cloud Computing include:

IaaS (Infrastructure as a Service) – a service model that delivers computer infrastructure on an outsourced basis to support enterprise operations. Typically, IaaS provides hardware, storage, servers and data center space or network components; it may also include software.

PaaS (Platform as a Service) – a category of cloud computing services that provides a platform allowing customers to develop, run, and manage web applications without the complexity of building and maintaining the infrastructure typically associated with developing and launching an app.

SaaS (Software as a Service ) – a software distribution model in which applications are hosted by a vendor or service provider and made available to customers over a network, typically the Internet.

Page 10: Technology 101 for the Corporate Lawyer

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A Tasty Example: Pizza as a Service

https://www.linkedin.com/pulse/20140730172610-9679881-pizza-as-a-service

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Key Terms and Definitions (cont.)

Shadow IT – Where a user/department finds Cloud provider to do work because IT is too busy.

SSO (Single Sign-On) – A session/user authentication process that permits a user to enter one name and password in order to access multiple applications.

SAML (Security Assertion Markup Language) – A data format for exchanging authentication and authorization data between parties, in particular, between an identity provider and a service provider.

Federation – Refers to different computing entities adhering to certain standards of operations in a collective manner to facilitate communication.

Encryption – The conversion of electronic data into another form, ciphertext, so that it cannot be easily understood by anyone except authorized parties with the key.

PCI DSS (Payment Card Industry Data Security Standard) – Policies and procedures intended to optimize the security of credit, debit, and cash card transactions to protect cardholders against misuse of personal information.

Page 12: Technology 101 for the Corporate Lawyer

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Data Types

Data in Use Data in Motion

Data at Rest

Data in Use:

Active data under constant change

stored physically in databases, data

warehouses, spreadsheets, etc.

Data in Motion: Data that is traversing a network or

temporarily residing in computer memory to be read or updated.

Data at Rest: Inactive data physically stored in

databases, data warehouses, spreadsheets, archives, tapes, off-site

backups, etc. Source: Wikipedia JKM figure out how to cite to Wikipedia

Page 13: Technology 101 for the Corporate Lawyer

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Key Terms and Definitions (cont.)

Big Data –

Data sets so large or complex that traditional data processing applications are inadequate. Challenges include analysis, capture, search, sharing, storage, transfer, visualization, and privacy.

High-volume, high-velocity, and high-variety information assets that demand cost-effective, innovative forms of information processing for enhanced insight and decision making.

Phishing – Broad scattered email fraud where user is duped into revealing personal or confidential information for illicit use.

Spear Phishing – Phishing that targets a specific organization; messages appear to come from trusted source.

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Information Security

Information Security: Protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction to provide:

Integrity – guarding against improper information modification or destruction; includes ensuring information non-repudiation and authenticity.

Confidentiality – preserving authorized restrictions on access and disclosure.

Availability – ensuring timely and reliable access to and use of information.

Information Security Program

Identify threats, vulnerabilities, and requirements

Implement security controls, monitor

Cybersecurity: The ability to protect or defend the use of cyberspace from cyber attacks.

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Information Privacy

Not a technology concept, yet inescapably tied to it

“[Privacy is] the appropriate use of personal information

under the circumstances. What is appropriate will depend

on context, law, and the individual's expectations; also,

[privacy is] the right of an individual to control the

collection, use, and disclosure of personal information.” IAPP Information Privacy Certification: Glossary of Common Privacy Terminology, 2011

Privacy Models

Comprehensive – EU

Sectoral – U.S.

Co-Regulatory – Australia

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Top 10 Tips

Top 10 Tips:

Working with Technology

Page 17: Technology 101 for the Corporate Lawyer

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Top 10 Tips

10. Understand your

company’s technology

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Top 10 Tips

Understand your company’s business and the

technology your company uses on a daily basis

Understand your company’s technology strategy Cloud first to Cloud never

Bring your own technology

Understand who has responsibility for buying

and maintaining technologyWhat is Legal’s role in this?

What is your process for buying technology?

Make sure it includes a process to identify when shadow IT is being

bought or used

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Top 10 Tips

9. Know your vendors and

vendors’ vendors

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Top 10 Tips

Know who your vendors are and what

services/products they provide

Connect and work with your security team You both need to know when you find new places to store data

Put a process in place to identify new

technology being usedIt’s happening; you just may not know about it

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Top 10 Tips

8. Know your law firms’

security practices

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Top 10 Tips

Understand your obligations as in-house

counsel when working with your law firms

Join the ACC Litigation Committee

Subcommittee on Cyber Security and Law

FirmsEvan Slavitt, [email protected]

Join the ACC Working Group Data Security

for Law FirmsAmar Sarwal, [email protected]

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Top 10 Tips

7. Be a partner to the

business

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Top 10 Tips

Find a way to help your business partners understand and mitigate technology risks; help them achieve success

Host a series of lunch and learns with your business and technology counterparts

Present on areas of respective expertise

• Contract and licensing 101

• Technology 101

• Sales 101, Operations 101, etc.

Meet regularly to discuss issues, trends, etc.

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Top 10 Tips

6. Conduct a data audit

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Top 10 Tips

Form a cross-functional team to identify data

practices

Understand what and how data is managedWhat is the data?

Who has (and should have) access?

Where does it go?

How long is it stored?

Do you have a DR/BCP?

Conduct a DR/BCP exercise annually

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Top 10 Tips

5. Assess your individual

data practices

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Top 10 Tips

Where do you keep your personal data?At home?

At work?

Use a password managerDon’t store a copy of your passwords online

Page 29: Technology 101 for the Corporate Lawyer

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Top 10 Tips

4. Know your company’s

breach and incident

response plan and

practices

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Top 10 Tips

If you don’t have a plan – create one!

Know the plan and practices

Know who has what roles in the plan

Practice, practice, practice

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Top 10 Tips

3. Employee training on

technology, security, and

privacy

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Top 10 Tips

Do it!

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Top 10 Tips

2. Get comfortable with

technology

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Top 10 Tips

acc.com, ACC Committees and Chapters LQHs, Webcasts, Docket, ACC's Inhouse ACCess blog, eGroups, etc.

David Pogue TED Talkhttp://www.ted.com/talks/david_pogue_10_top_time_saving_tech_tips?language=en

Password storage LastPass - lastpass.com

ABA’s Law Technology Todayhttp://www.lawtechnologytoday.org/

The Lawyeristhttps://lawyerist.com/topic/tech/

Google - iPhone & Android tips

Take a class

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Top 10 Tips

1. Network inside and

outside your organization

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Top 10 Tips

Develop a core team of company contacts to

assist on technology issues.

Use your contacts in other parts of the organization

(e.g., IT, Security) to help you keep up to date on

technology developments affecting your business.

Talk to your peers outside the company

regarding best practices and stay current on

new developments.

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Questions?

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Contact Us

Scott Plichta

[email protected]

Jennifer K. Mailander

[email protected]