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59 Ariz. L. Rev. 1111 (2017)
Preventing Data Breaches at Law Firms: Adapting Proactive, Management-Based Regulation to Law-Firm Technology

handle is hein.journals/arz59 and id is 1135 raw text is: PREVENTING DATA BREACHES AT LAW FIRMS: ADAPTING PROACTIVE, MANAGEMENT-BASED REGULATION TO LAW-FIRM TECHNOLOGY Annie Simkus* Today, law firms of every size are relying on technology more than ever before. However, a firm's investment in securing its information systems pales in comparison to that of its corporate counterparts, leaving law-firm clients' data unnecessarily at risk. Although there has been a modest increase in regulation for firm management overall, law firms have largely ignored the threat of data breaches, failing to adhere to widely accepted information security standards. This lack of compliance has caused cyber criminals to shift their sights from the client to the vulnerable information security systems of law firms. This Note proposes a proactive, regulatory approach to establish a technology infrastructure in law firms, thus ensuring the protection of client information. TABLE OF CONTENTS INTRODUCTION .................... 1112 I. REGULATING LAW PRACTICE GENERALLY.................... ............1119 A. Professional Self-Regulation as the Model of Choice ....... ........1120 B. The Recognition of Broad Ethical Duties of Law-Firm Management Fails to Fill the Gap.. ..........................................1121 C. Rise of Regulation Beyond the Professional Self-Regulation Model.......1122 II. ALL THIS REGULATION IS INEFFECTIVE FOR CYBERSECURITY IN * J.D., University of Arizona, James E. Rogers College of Law, 2017; M.B.A. Eller College of Management at the University of Arizona, 2017; B.A., Political Communication, The George Washington University, 2009. My deepest thanks to Professors Catherine O'Grady and Ted Schneyer for their thoughtful feedback and detailed comments throughout the writing of this Note. Special thanks to the entire Arizona Law Review team for your hard work and expertise. Finally, I would like to thank my father, Michael Simkus, for never hesitating to get on a plane to support me no matter where I was in the world, and to Jason, for your unending encouragement and especially your patience throughout this process.

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