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Antitrust Issues in Intellectual Property Law, Second Edition
This 60-minute presentation will provide an overview of digital forensics, key forensics terms that legal professionals should be familiar with, common questions that legal teams need answered during an investigation, and the importance of legal oversight in incident response planning. This webinar will also cover common misconceptions in digital forensics.
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Closed Captioned.
Digital forensics is a key component of any cyber security investigation. Understanding the "big picture" of what the threat actor did requires understanding what happened "below the surface" that may not be immediately obvious. Counsel needs to understand the technical details of what happened and be able to translate that into effective legal advice. Many forensic reports contain technical details and terms with which attorneys may not be familiar. The goal of this presentation is to provide a basic understand of what digital forensics is, what questions should (and can) be answered, and how to use this information to provide guidance to your clients.
The reality of a cyber security investigation is far less exciting and moves much more slowly than what is portrayed in the movies and on TV. Effectively guiding an investigation requires knowledge of common forensic terms such as hash values, IP address, images, and an understanding of the key forensic artifacts. Additionally, digital forensics can have its limitations, depending on what evidence an organization is able to provide, such as images or log files. Companies frequently fail to follow best practices when collecting evidence or retain sufficient logging, which can impact the investigative team's ability to provide counsel with answers. The legal team will want to understand what data (such as PII, PHI, or intellectual property) may have left the network, as well as what data might have been deleted.
Many organizations do not have a realistic understanding of the time involved in conducting a thorough investigation. Gathering forensic evidence and conducting thorough analysis can take days to weeks. If e-discovery is involved, this will also extend the timeline, as well as the expenses associated with the investigation. Having a document incident response plan can help an organization mitigate the impact of a cyber investigation. Additionally, the response team should identify a legal partner in advance, and understand the importance of maintaining privilege in an investigation.
At the end of the presentation, you'll have a solid grasp of common forensic terms, what questions the investigation should answer, and understand the role of counsel in incident response planning.
American Bar Association
CE2211KROOLC
60
11/2/2022 12:00:00 AM
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