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07 July 2023
Issue: 8032 / Categories: Legal News , Cyber , Technology , Cybercrime , Legal services
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NLJ this week: Cyberspecial—crypto thieves & Tulip opportunities

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Law firms are a prime target for cybercriminals, but the rapidly developing world of cryptocurrency is a prime opportunity for lawyers. This week’s NLJ serves up a double helping of articles on the sharp edge of tech development.

Alex Bransome, chief information security officer at IT services company Doherty Associates, sets out the five main cybersecurity threats to the UK legal sector, along with advice on how to construct a robust defence to each.

Bransome explains the threats and defences in accessible language. The necessity of vigilance against cybercrime cannot be overstated. Likewise, top level security and safeguards are vital to maintain client confidence.

Bransome points out, ‘as cyber threats continue to evolve, legal firms with robust defences will stand out from the competition’.

Meanwhile, a recent Court of Appeal case has suggested software developers could be held accountable in cryptocurrency hacking cases. Lauren Pardoe, partner in Rosling King’s dispute resolution group, looks at the questions raised by Tulip Trading (a Seychelles company) v Van Der Laan & Ors. The case explored whether the developers of cryptocurrency networks, working on behalf of bitcoin owners, are accountable as fiduciaries if networks are hacked.

The English and Welsh courts’ openness to considering how legal principles can be applied and even extended is a subject of huge interest for the crypto sector. As Pardoe writes, ‘cryptocurrency is a new and fast-developing area, in which there has to date been little in the way of judicial intervention, and in which there is little regulation’.

Read Alex Bransome's article here, and Lauren Pardoe's here.

MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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