Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
The US government is already fighting wars on several fronts, including the perpetual War on Terror. “War is the health of the state,” as Randolph Bourne stated, and the state has never been healthier, using this variety of opponents as excuses to increase surveillance, curtail rights and expand power.
On Monday, my roommate came home griping that his Zappos.com account, which he had not used in a year, had been hacked. Instead of feeling sympathetic, I started wondering how I might write about it. Data breaches are a dime a dozen these days.
It seems almost every company loses control of their customers’ sensitive data at some point. Someone almost always sues after the news breaks. But the lawsuits are rarely successful, unless customers can show real harm caused by the breach.
Most often, companies do not give up full credit card or Social Security numbers. This week, Zappos said it only suffered unauthorized access to somewhat less sensitive information. It’s a bit unnerving, but not the end of the world.
Did that stop some opportunistic consumer from taking action against the online shoe retailer?
Of course not. And we didn’t have to wait very long. A Texas woman filed a class-action lawsuit against Amazon, which owns Zappos, the same day the breach was announced. Is her lawsuit premature, vague, and a bit silly? Probably. Will it go anywhere? Probably not. But c’mon, you gotta love melodramatic, eager-beaver, consumer litigation.
So what, exactly, did Zappos lose? And how many people’s data was compromised? (Hint: it’s a lot.) Let’s mosey on past the jump and find out….
I write about hacking and data security periodically, even though sometimes I get the feeling legal professionals try hard not to think about the subjects. But the stories in this realm bear repeating. Corporate data security is a real concern for many, many corporate attorneys, and especially in-house counsel.
Data security problems used to stem most frequently from weak firewalls or unencrypted equipment. But more and more, the biggest sources of risk and liability are just dumb or technologically overeager employees.
What kind of computer trouble are you and everyone you know getting your company or firm into? Let’s see….
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Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: email@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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