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April 1, 2020Buck McKinney

Attachment E - Synchronization License for Copyrighted Works

This is a synchronization license for a copyrighted work. This is document 6 of 6 of Creating the Sounds of Our Lives.
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March 10, 2017Elizabeth Rogers, Shawn E. Tuma

Cyber Liability Insurance Counseling and Breach Response

Cybersecurity is an issue that evokes equal parts of fear and confusion for business leaders. Anyone who has been involved in a real data breach will easily understand why an effective graphical analogy for describing such an event is to imagine being in a building that is on fire. There is panic, there is fear, there is chaos, there is confusion. It is a crisis situation. This paper covers: 1) government notification of breach; 2) understanding basic "data breach" foundations; and 3) reporting criminal activity to law enforcement. It also contains a number of checklists.
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November 18, 2016John W. Ellis, Kennon L. Wooten

Recent Developments In Texas Spoliation Law

The article examines the standards in Brookshire Brothers and recent developments in Texas spoliation law post-Brookshire Brothers, including the recent recommendation of the standing State Bar of Texas Court Rules Committee to adopt a new procedural rule governing a party’s claim of spoliation. The article begins with a brief summary of the historical application of spoliation allegations in Texas jurisprudence. Next, the article focuses on analytical framework for spoliation set forth in Brookshire Brothers. The article then examines how Texas courts have applied the current spoliation framework in recent decisions. Finally, the article examines the newly proposed procedural rule.
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November 7, 2014Ronald Chichester

Computer and Internet Update for the Business Owner and Lawyer

The cybersecurity landscape has changed significantly within the last five years. A high-quality malicious virus, developed by the United States government, was unleashed against computer- controlled machines operating within Iranian nuclear facilities. 2 In so doing, however, the virus became available "in the wild" and was subsequently reversed engineered by hackers and organized crime syndicates. Although illegal, source code for that virus is available (along with others) on the Internet for as little as $400. For a few hundred dollars more, you can get a support contract for the malware. What this means for business owners and their lawyers is that the cost-of-entry for "hacking" is now quite low, and the potential payoff is still high. In short, hacking companies has been automated and is now a commodity industry. Interestingly, however, is the motivation for recent hacks against U.S. companies. It appears that part of the rationale for penetrating U.S. companies is political. 3 Political implications aside, the two huge security breaches suffered by Target and Home Depot were committed by the same malware program, and in the case of Target, the malware was inserted into Target's computer system through a trusted HVAC vendor who had poor security measures. Law firms are now considered prime targets for criminals because they tend not to have as stringent security measures as their clients, and the information contained within the law firm is of particularly high quality. Moreover, like Target's HVAC vendor, law firms are viewed as a conduit to the heart of their client's operations. For hackers, law firms are doubly useful.
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November 8, 2013Ronald Chichester

Keeping Client Data and Your Law License Secure

The practice of law has changed dramatically since the days of carbon paper, fax machines, and dusty libraries. Today, an attorney’s computer contains everything needed to manage a law firm’s entire business including the confidential and proprietary data of the firm and its clients, the equivalent of complete file rooms and libraries of documents and data. With laptops, attorneys travel everywhere with thousands of file drawers of information. Unfortunately, power and portability provide opportunities for loss of client data. This article will highlight the facts and figures of data breaches, the data and information impacted, the ethics and attorney duties to protect the information, the penalties for disclosure, and some practical tips on protecting the information.
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