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The Bridge - May 21, 2018 Print

Thank You To Our Business Partner Robert Half

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What Law Firms Need to Know about the GDPR

Beginning May 25, the EU Data Protection Directive will be replaced with the General Data Protection Regulation (GDPR). In a nutshell, the purpose of GDPR is to improve the protection and privacy of all personal data collected about European Union data subjects. This will impact all companies that handle data associated with European countries, people, or organizations including law firms.  Firms that handle data of European data subjects may have to take action to comply with the GDPR requirements.

What does the General Data Protection Regulation mean?

The GDPR obligations can be broken down into six categories:

  1. Governance
    1. Raise awareness of data governance within the firm
    2. Define roles & responsibilities around data privacy
    3. Establish data protection officer (DPO)
    4. Develop and execute training program
  2. Data Protection Impact Assessment (DPIA)
    1. Assess all systems that store and/or process data that could use private personal information
    2. Implement a process to assess all new systems
      1. Assessment should identify risks and mitigation strategies to secure and safeguard personal information
    3. Security
      1. Protect and secure personal data and information
      2. Implement technical solutions to secure data, such as:
        • Encryption
        • Data loss prevention (DLP)
        • Access controls and identity management
        • Unified threat management (UTM)
        • Firewalls and antivirus
      3. Implement firm-wide policies and education around securing personal data and information such as:
      4. Data breaches
        1. Report breaches within 72 hours
        2. Describe the nature of the breach in detail, and likely consequences
        3. Describe the measures taken to remediate the breach
      5. Data Protection Officer (DPO)
        1. It is considered a best practice to explore the need for a DPO
        2. Firms should document and implement policy and process that support information governance
      6. Data Transfers
        1. Data transfers outside of EU allowed only with appropriate safeguards
        2. Impacts cloud-services where information is being shared
        3. Must provide notice to impacted persons
        4. Must obtain consent from impacted persons

A choice NOT to comply could have steep consequences, including:

  • Fines up to €20 million or 4 percent of profits
  • Loss of reputation as a trustworthy service provider
  • Financial consequences that accompany a data breach – an average of €4M per breach

With the six obligations in mind, law firms should take these three steps in preparing for GDPR:

  1. Know Your Data: What personal data do you have and where is it being processed and stored?
  2. Establish an Information Governance Program: Create a cross-functional team of attorneys and staff tasked with creating and enforcing policies related to information governance. Additionally, it is key to provide training and ongoing education to all attorneys and staff who come into contact with client data.
  3. Have a GDPR Strategy:
  • Obtain explicit consent from persons if you will be processing their personal information.
  • Explore establishing a Data Privacy Officer (DPO):, Firms should consider establishing a DPO to handle compliance and enforcement of information governance policies and procedures. Responsibilities include training staff in data protection and overseeing the firm’s data protection performance measured against GDPR regulations.
  • Breach notification process: While no firm plans for a data breach to happen, the development of a breach notification process will expedite the response time and prevent mistakes that may occur in a moment of panic.

 

The Epiq records and information management team can help you prepare for these upcoming changes.  Our team will work alongside you to perform information governance assessments, health checks and data analysis, as well as help develop a strategic implementation roadmap, draft and update IG/RIM policies and more.  Contact us at rimsolutions@epiqglobal.com today and let us help you prepare for the implementation of GDPR.

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Meeting/Event Information

MUNGER GAMES - FOOD FROM THE BAR

May 24, 2018
5:00 PM - 7:00 PM

Munger, Tolles & Olson LLP
560 Mission Street, 27th Floor
San Francisco, CA 94105
http://www.mto.com

MUNGER GAMES - A Trivia Contest to Benefit Food from the Bar ALA Golden Gate is forming a team -- You prove your legal prowess every day – it’s now time to WIN BIG for ALA Golden Gate with your equally-important knowledge of useless facts.

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MID-YEAR EVENT: DIVERSITY & INCLUSION

June 12, 2018
11:30 AM - 1:30 PM

Loews Regency Hotel
222 Sansome Street
San, CA 94104
https://www.loewshotels.com/regency-san-francisco

Equity in the Work Place and Belonging From Within

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REGISTER NOW

BOARD OF DIRECTORS/CHAPTER LEADERSHIP MEETING

June 14, 2018
11:45 AM - 1:30 PM

Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105

Chapter Board Meeting

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REGISTER NOW

BOARD OF DIRECTORS/CHAPTER LEADERSHIP MEETING

July 12, 2018
11:45 AM - 1:30 PM

Arent Fox, LLP
55 2nd Street, 21st Floor
San Francisco, CA 94105
http://www.arentfox.com

Chapter Board Meeting

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REGISTER NOW

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Thank You to Our Business Partners Innovative Computing Systems, Data Safe, and Konica Minolta

 

Mike Hammond:(972) 571-8754 mhammond@kmbs.konicaminolta.us
Richard Spaulding (415) 268-1111 rspaulding@kmbs.konicaminolta.us

 

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Job Bank

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Job Posting
May. 19, 2018

 

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May. 19, 2018

 

Real Estate Case Clerk/Attorney Assistant

Farella Braun + Martel LLP

Job Posting
May. 19, 2018

 

Legal Secretary

Littler Mendelson, PC

Job Posting
May. 19, 2018

 

IP Case Assistant

Mintz Levin

Job Posting
May. 13, 2018

 

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May. 9, 2018

 

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May. 9, 2018

 

IT Help Desk

Murphy Pearson Bradley & Feeney

Job Posting
May. 2, 2018

 

Office Administrator

Folger Levin LLP

Job Posting
May. 2, 2018

 

Job Posting
Apr. 24, 2018

 

Litigation Secretary

Liebert Cassidy Whitmore

Job Posting
Apr. 24, 2018

 

Financial Analyst and Business Manager

Stanford University Office of General Counsel

Job Posting
Apr. 16, 2018

 

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Apr. 16, 2018

 

Full-Time Receptionist

Wilson Sonsini Goodrich & Rosati

Job Posting
Apr. 16, 2018

 

Job Posting
Apr. 2, 2018

 

Legal Secretary

Seyfarth Shaw LLP

Job Posting
Mar. 27, 2018

 

Client Accounting Specialist

Fenwick & West LLP

Job Posting
Mar. 25, 2018

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Thank You to Our Business Partners First Legal, People Connection and Express Network

Sue Hammer (415) 720-6229
shammer@firstlegalsupport.com
Lucy Huete (415) 913-0196
lhuete@firstlegal.com

 

John Dorning:  (415) 397-6800

Ezra Mann: (213) 407-0148
ezram@expressnetworkas.com
Karly Mann: (415) 813-3758
karlym@expressnetworkas.com

 

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Diversity and Inclusion Corner

May Diversity Tip Sheet:

Asian American and Pacific Islander Heritage Month
By Robert G. Stevens, MA, CLM, SPHR – Bennett Bigelow & Leedom, PS
www.alanet.org/diversity

Asian Pacific American Heritage Month (APAHM), now officially proclaimed Asian American and Pacific Islander Heritage Month [1],  is a celebration of the culture, traditions, and history of Asian Americans and Pacific Islanders in the United States

On May 1, 2009, President Barack Obama proclaimed the Month of May each year to be Asian American and Pacific Islander Heritage Month (AKA Asian Pacific American Heritage Month [APAHM]). In his proclamation, President Obama proclaimed:

The vast diversity of languages, religions, and cultural traditions of Asian Americans and Pacific Islanders continues to strengthen the fabric of American society. From the arrival of the first Asian American and Pacific Islander immigrants 150 years ago to
those who arrive today, as well as those native to the Hawaiian Islands and to our Pacific Island territories, all possess the common purpose of the fulfilling the American dream and leading a life bound by American ideals of life, liberty, and the pursuit of happiness.

From 1977 to 2009, the formal recognition of Asian Americans has seen bi-partisan support. The initial action to recognize Asian Americans occurred in 1977 when U.S. Representatives Frank
Horton (New York) and Norman Mineta (California) and Senators Daniel Inouye and Spark Matsunaga, both of Hawaii, introduced a Joint Congressional Resolution before both Houses of Congress. The resolution passed and ultimately was signed into law by resident Jimmy Carter designating the first week of May as a time when we would recognize the contributions made by Asian Americans to the very fabric of our country. In May 1990, Congress voted and President George H. W. Bush signed into law a resolution extending the celebration from one week in May to the entire month. It was in 2009 that President Obama through proclamation expanded it to
include Pacific Islanders and have the month appropriately named Asian American and Pacific Islander Heritage Month.

The first week of May was originally selected in recognition of two important dates relating to Asian American History. May 7, 1843 was the date when the first Japanese immigrants arrived in America and May 10, 1869 marked the completion of the transcontinental railroad, which was achieved by employing a significant number of Chinese laborers.

The history of how this month long celebration came about is important as means to understand why we should recognize both Asian Americans and Pacific Islanders. President Jimmy Carter
once stated, “We have become not a melting pot, but a beautiful mosaic. Different people, different beliefs, different yearnings, different hopes, different dreams.” Asian Americans and Pacific Islanders have greatly contributed to that mosaic through amazing contributions to society and also through significant individual sacrifice.

It is important as a country that strives to insure the health of its “more perfect union” that we appreciate what Japanese immigrants contributed in their early migration to America, what
Chinese immigrants contributed to the ability to build the transcontinental railroad that transformed the United States, to fully appreciate the rich cultural heritage found in the Hawaiian Islands and to understand that in modern history it was a sovereign nation with a sitting monarchy overthrown by the United States partially as a means to gain a military position in the Pacific. President Obama eloquently outlines in his proclamation the reasons why all Americans should join in the celebration and also recognize the many hardships faced by both groups of people.

Asian Americans and Pacific Islanders have endured and overcome hardship and heartache. In the earliest years, tens of thousands of Gold Rush pioneers, coal miners, transcontinental railroad builders, as well as farm and orchard laborers, were subject to unjust working conditions, prejudice, and discrimination—yet they excelled. Even in the darkness of the Exclusion Act and Japanese internment, Asian
Americans and Pacific Islanders have persevered, providing for their families and creating opportunities for their children.

Amidst these struggles, Asian Americans and Pacific Islanders have contributed in great and significant ways to all aspects of society. They have created works of literature and art, thrived as American athletes, and prospered in the world of academia. Asian Americans and Pacific Islanders have played a vital role in our Nation's economic and technological growth by establishing successful enterprises and pushing the limits of science. They are serving in positions of leadership within the government more now than ever before. And along with all of our great service men and women, they have defended the United States from threats at home and abroad, serving our Nation with valor. 

From the beaches of the Pacific islands and the California coast, the grasslands of Central Asia and the bluegrass of Kentucky, and from the summits of the Himalayas and the Rocky Mountains, the Asian American and Pacific Islander community hails from near and far. This is the story of our more perfect union: that it is diversity itself
that enriches, and is fundamental to, the American story.

During the month of May, communities in all fifty states celebrate the achievements and contributions of Asian and Pacific Americans with community festivals, governmentsponsored activities and ducational activities for adults and children. A simple internet search of Asian American and Pacific Islander Heritage Month will lead you to events and opportunities in communities all across the United States.

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