Category Uncategorized

• Network security: Guarding computer networks against unauthorized access and cyber attacks using tools like firewalls and VPNs. For example, a firewall can be configured to block incoming traffic from untrusted sources, while a VPN can encrypt data transmissions and hide a user’s IP address, protecting against network-based attacks.

• Application security: Making sure software applications are built with security in mind to prevent vulnerabilities. Input validation techniques can be used to prevent code injection attacks, and secure coding practices can help avoid buffer overflows and other memory-related vulnerabilities.

• Data security: Protecting sensitive data with encryption and access controls, both when stored and when transmitted. For example, strong encryption algorithms like AES-256 can encrypt sensitive customer data at rest and secure protocols like SSL/TLS protect data in transit.

• Risk management: Identifying, assessing and minimizing potential cyber risks through planning and response. This may involve activities like conducting regular risk assessments, implementing security controls based on risk levels and developing incident response plans to mitigate the impact of successful attacks.

• Compliance and governance: Following laws and standards related to data protection and security. For example, organizations that handle personal data may need to comply with regulations like GDPR or HIPAA, which mandate specific security measures and data-handling practices.

• Awareness and training: Educating people about cybersecurity best practices to reduce the risk of human error. This can include activities like security awareness programs, phishing simulations and regular security training sessions to ensure employees understand and follow secure practices.

Cybersecurity frameworks and standards

Cybersecurity frameworks and standards are essential for organizations to develop strong cybersecurity practices and meet legal requirements. They provide valuable guidance tailored to organizational needs.

The NIST Cybersecurity Framework, developed by the National Institute of Standards and Technology (NIST), is one of the most widely adopted frameworks for managing cybersecurity risks. It offers a flexible approach with five core functions — identify, protect, detect, respond and recover — that help organizations assess their cybersecurity, find weaknesses and reduce risks.

Other important frameworks and standards include:

• ISO/IEC 27001: This global standard helps manage information security risks, ensuring the safety of information assets. It helps organizations manage information security risks and ensure the safety of their information assets through controls and processes covering areas like risk assessment, security policies, access control and incident management.

• Center for Internet Security (CIS) Controls: Provided by the Center for Internet Security, these controls are organized into three categories — basic, foundational and organizational — and provide a prioritized approach to implementing essential security measures. They cover critical areas such as maintaining an inventory of hardware and software assets, ensuring secure configurations and continuous vulnerability monitoring.

• GDPR and Privacy Regulations: Laws like the General Data Protection Regulation (GDPR) in the EU and the California Consumer Privacy Act (CCPA) in the U.S. protect personal data and require organizations to integrate data protection into their cybersecurity plans. These regulations mandate implementing technical and organizational measures to ensure data security, such as encryption, access controls and breach notification procedures.

Digital safety through multi-layered cybersecurity approach

Cybersecurity is crucial for protecting your digital life from threats like malware, phishing and data breaches. Establishing multiple layers of defense around your devices, accounts, networks and data is crucial for robust cybersecurity. This includes three crucial elements:

• People: Educating yourself and others on cyber risks and safe practices like using strong passwords and multi-factor authentication.

• Processes: Following security protocols, regularly updating software, backing up data and having incident response plans.

• Technology: Using defensive tools like anti-virus software, firewalls, VPNs and advanced security systems to detect and stop cyber threats.

While no cybersecurity strategy can guarantee complete protection, adhering to security best practices tailored to your specific risk level can significantly reduce the likelihood of attacks and mitigate damage if they do occur. Taking proactive steps to protect your digital life is essential in today’s interconnected world.

Cybersecurity FAQ

Will cybersecurity be replaced by AI?

AI can assist in automating certain tasks, such as detecting anomalies, identifying patterns and responding to known threats. However, cybersecurity also requires human expertise, critical thinking and creativity to respond to new and evolving threats, interpret complex situations and make informed decisions. AI and cybersecurity professionals might work together, with AI augmenting and enhancing human capabilities rather than replacing them entirely.

Who does cybersecurity affect?

Cybersecurity affects everyone who uses digital technologies, from individuals and households to businesses, governments and critical infrastructure. Individuals can be affected by identity theft, financial fraud and privacy breaches. Businesses face risks such as data breaches, intellectual property theft and operational disruptions. Governments and critical infrastructures, like power grids and healthcare systems, must protect against cyber attacks that could have far-reaching consequences.

What is cyber hygiene?

Cyber hygiene is the steps individuals and organizations can take to protect their systems, networks and data from cyber threats. Key components include regular maintenance, security improvement and training and awareness. Cyber hygiene best practices can include using strong and unique passwords, enabling multi-factor authentication, regularly backing up data and exercising caution when clicking links or opening attachments from untrusted sources. 

What is a cyber attack?

A cyber attack is an unauthorized attempt to access computer systems or digital information for harm. Perpetrators include individuals, groups or nation-states driven by motives like financial gain or disruption. Attacks come in various forms such as malware, phishing, man-in-the-middle (MitM) attacks, denial-of-service and SQL injection. Consequences can be severe and include data breaches, identity theft, reputation damage and financial losses.

Make a difference in the cybersecurity field

As we rely more heavily on technology and digital assets, protecting these resources from cyber threats becomes a critical concern. By understanding the importance of cybersecurity, its key components and implementing best practices, individuals and organizations can safeguard their digital assets, maintain business continuity and foster a safer and more secure online environment.

Pursuing a career in the vital field of cybersecurity or enhancing your existing cybersecurity knowledge and skills? Explore Maryville University’s online cybersecurity programs. Our online bachelor’s in cybersecurity and online master’s in cybersecurity equip students with the advanced technical proficiency and analytical capabilities required to combat ever-evolving cyber threats. 

By prioritizing cybersecurity measures and investing in education and training, we can collectively contribute to a more secure digital future, where our personal and professional lives can thrive without the constant threat of cyber attacks and data breaches.

Recommended reading: 

In Latin, quid pro quo literally means “something for something.” Quid pro quo is an arranged exchange of services or favors between two parties. It’s not formalized with a contract, and often isn’t even disclosed.

In this piece, we’re going to look at how the phrase is used in diverse matters such as law, politics, business, and more.

 

Jump to:

 

Legal meaning

According to Black’s Law Dictionary, quid pro quo is “an action or thing that is exchanged for another action or thing of more less equal value; a substitute.”

As Prof. Jed Lewinsohn noted in Yale Law Journal, “in the ordinary quid pro quo exchange, each party agrees to do their part in order to get the other party to do theirs; each conditions their own willingness to perform on the willingness of the other; and each regards the other as obligated to do their part in light of their agreement.”

That said, quid pro quo often appears in a more negative light, with implications of criminal activity in various spheres.

 

Black’s Law Dictionary The most widely cited law book in the world, the new 11th edition of Black’s Law Dictionary is a must-have for legal bookshelves See all hardcopy versions

 

For instance, quid pro quo sexual harassment is indeed immoral and illegal since it is a form of workplace harassment under Title VII of the Civil Rights Act. On its face however, a ‘quid pro quo’ itself has no moral value.

The term may reference a tacit cultural expectation. It could be a form of bartering, with both parties agreeing to terms: “I paint your fence, you mow my lawn.” Say that you help a friend move. You might expect them to buy you pizza or a drink afterward, and your friend may feel obligated to do so. (After all, a friend who doesn’t provide any “quo” could find fewer takers the next time they need a favor done.)

Quid pro quo has acquired negative connotations over the last few decades, ones often connected to illegal activity. The term has become more and more associated with political and business corruption, and with quid pro quo sexual harassment.

Its inescapable prevalence these days could even inspire a cynical belief: that the root of much human interaction is a selfish one, in which a person will typically expect reciprocity for doing their job as a teacher, a boss, or an elected official.

As the saying goes, “you scratch my back, I scratch yours.”

 

Sexual Harassment Prevention Training State and Local Laws Chart An at-a-glance chart describing state and local laws that require workplace sexual harassment prevention training. View practice note with free trial

 

Infographic — Quid pro quo: How it’s used virtually everywhere

 

 

Download full infographic ↗

 

What is the origin of the phrase quid pro quo?

Usage of quid pro quo began in apothecaries from the 16th century. In the middle of the last millennium, when “quid pro quo” first came into use, it had a specific connotation that hasn’t survived the years. (Ironically, the phrase doesn’t appear in any surviving Latin texts— it’s always been an English usage of Latin words.)

As per the Oxford English Dictionary, the earliest known use of “quid pro quo” comes from a translation of a treatise by Erasmus, circa 1535. This refers to a practice of apothecaries (the pharmacists of their era) in which they substituted one drug for another, or adulterated the contents of a drug for sale.

As per Erasmus, the excuse that apothecaries gave at the time was that if they didn’t swap in cheaper drugs for costlier ones, or water down their medicines with inferior ingredients, they would soon go broke.

“Quid pro quo, one thing for another,” Erasmus wrote, “they do otherwise sell this thing for that thing.”

“I find the Erasmus quote interesting in that Erasmus, like all European writers of his age, wrote in Latin. Erasmus was Dutch and would have spoken Dutch for day-to-day life but wrote in Latin, the continent-wide lingua franca,” says Tom Zielund. Tom is an Associate Architect of Information Systems for Thomson Reuters Labs with a background in Psycholinguistics.

“So, why, in translation to English (and probably not by Erasmus himself), was this particular phrasing ‘quid pro quo’ not translated with the rest of the Latin original? It suggests that the Latin phrase was already used in spoken English by that time, at least for this particular practice of apothecaries.

According to Tom, here’s how quid pro quo can be defined and broken down:

• In its most benign form, the arrangement is cooperative — you scratch my back and I’ll scratch yours.
• When used in a legal context such as sexual harassment law, the arrangement is often coerced — for example the abuser withholding an earned promotion in exchange for illicit favors.
• In a political context, the arrangement is often corrupt — for example covertly bribing a politician with trips and expensive meals if they vote in a lobbyist’s favor.

 

The evolution of the meaning with lawyers and politics

This usage had died out by the 1800s. Long before then, however, the meaning of quid pro quo that we still use today—that of “something given in return for something else”—had become prevalent. The phrase is found in legal texts before the age of Shakespeare. As Ben Zimmer said in an NPR piece on the phrase, “lawyers love using Latin.”

Its connection with questionable political activity is also centuries old. In 1801, the Hartford Courant, then a newspaper affiliated with the Federalist Party, used “quid pro quo” to headline an article detailing how President Thomas Jefferson had rewarded a trio of Congressmen who had voted for him over Aaron Burr by giving each Congressman a new position, such as U.S. marshal.

 

 

In politics

During the 2016 presidential elections, there were allegations of Russian interference and a Trump-Russia quid pro quo. An opinion piece claimed that the Trump campaign and the Kremlin had an overarching deal to, “help beat Hilary Clinton for a new pro-Russian foreign policy.”

 

The concept of quid pro quo has also been central to regional political scandals. In 2018, Sheldon Silver, former speaker of the New York Assembly, was convicted on federal corruption charges. As speaker, Silver allegedly arranged to have the State Health Department award grants to Robert Taub, who ran a cancer research clinic. In exchange, Dr. Taub referred his cancer patients with legal claims to a law firm associated with Silver, who allegedly got a portion of the fees.

There was also Dean Skelos, former New York State Senate majority leader, who was convicted for allegedly pressuring business executives into giving his son Adam approximately $300,000 in bribe and extortion payments for services rendered. As per the NY state attorney, “Dean Skelos and Adam Skelos were able to secure these illegal payments through implicit and explicit representations that Dean Skelos would use his official position to benefit those who made the payments, and punish those who did not.”

 

In the workplace

Uninvited romance at work may lead to sexual harassment, retaliation, favoritism, and workplace violence. Quid pro quo sexual harassment is one of two types of workplace harassment claims which fall under Title VII of the Civil Rights Act (the other is hostile work environment harassment). Title VII expressly protects employees from any workplace discrimination on the basis of sex.

Such quid pro quo harassment is generally defined as when a supervisor seeks sexual favors from someone under their supervision. A common example is when the supervisor asks for sexual favors in return for approving a promotion or giving the employee a raise.

 

Practical Law Labor & Employment A Practice Note discussing workplace harassment, including sexual harassment and harassment based on other protected classes. View practice note

 

There’s also “detrimental” quid pro quo harassment. Here, a supervisor will, for example, threaten to imperil the employee’s job, via giving them a poor performance review or a demotion, unless they agree to a sexual relationship.

You don’t have to be a current or former employee to claim quid pro quo harassment—prospective employees may do so too, in some cases. For example, if you applied for a job and were told by the hiring supervisor that they would recommend you in exchange for sexual favors, such harassment would fall under Title VII quid pro quo parameters and you could sue.

But an employee can’t claim quid pro quo harassment if the alleged harasser doesn’t follow through on their threat or promise (so for instance, if a supervisor gives a promotion to an employee despite the latter rejecting their overtures). Such harassment instead falls in the category of “hostile work environment” harassment.

 

In education

Quid pro quo harassment in education works along similar lines as quid pro quo workplace harassment. Again, this entails someone in a position of power (here, typically a teacher or professor) offering something to a student in exchange for sexual favors. The offer in this case could be a professor’s positive recommendation or a teacher giving the student a good grade in a course or on a test.

The key difference is that this type of quid pro quo harassment will fall under Title IX protection.

 

In business

Corporate counsels need to beware of scammers that leverage quid pro quo deception in the business world.

Insider trading

However, insider trading is a more commonly known type of financial crime related to quid pro quo exchange. A company’s employee gives non-public information about their company to someone outside the firm, who then uses that information to make a trade or investment.

To prove the tipper’s liability or violation of fiduciary duty, a court often has to determine if the two parties had entered into a quid pro quo arrangement.

• This boils down to whether the tippee’s actions financially benefited the tipper.
• Did the tippee pay the tipper for the information, provide a service to them, or cut them a share of the trading profits?
• Did the tippee’s actions materially benefit the insider’s own holdings in their company?

For example, the tipper learns of an acquirer’s potential interest in their company. They tell someone at an institutional investor, who makes a substantial stock purchase in anticipation of this news. This trading activity may be noticeable enough to raise the company’s stock price, which thus increases the value of the tipper’s stock holdings.

Other business examples

There are also more positive usages of quid pro quo in business.

An earn-out clause in a merger agreement may be considered a quid pro quo. Here the seller of a business agrees to terms with the buyer that if the sold company achieves a specified set of goals (strong earnings, higher market share, etc.), the seller will get a greater payout after a defined period. The buyer thus gets the seller’s commitment and aid to make the acquisition a stronger-performing company, while the seller gets more money for doing so.

Or take another example – incentive programs that are designed to encourage employees to achieve a set of goals. For instance, a vendor runs a contest in which the salesperson who gets the largest amount of new commissions over a given period will receive a cash prize or get an uptick in pay.

Of course, a downside to such contests is the implicit threat that the employees who underperform in this type of quid pro quo arrangement could be in danger of losing their jobs.

As Alec Baldwin memorably put it in Glengarry Glen Ross, where his character shakes up a struggling real estate sales office with a sales incentive: “first prize is a Cadillac El Dorado. Second prize is a set of steak knives. Third prize is you’re fired.”

 

In culture

Baldwin’s rant is one of many memorable examples of quid pro quo in American and global culture—you’ll likely come up with other examples by recalling any number of films or television shows over the past 50 years.

Take for instance the opening scene in The Godfather. An undertaker asks Don Corleone, the head of a mafia family, to avenge an insult to his daughter. Corleone agrees to do so, with the agreement that one day, he may ask the undertaker to do a service for him. As it turns out, the undertaker is summoned to arrange the funeral of the Don’s brutally murdered son.

Indeed, a good indication of villainy is when a character offers or accepts a quid pro quo—it’s a concept often associated with mob families and serial killers. “Quid pro quo. I tell you things, you tell me things,” Hannibal Lecter tells the investigator Clarice Starling in Silence of the Lambs, as his terms for cooperation in a murder investigation. Or Alfred Hitchcock’s Strangers on a Train, in which a psychopath offers a quid pro quo to a stranger that he meets—each will murder someone that only the other knows, to remove any police suspicion.

 

In broader language with usage examples

It’s important to separate the idea of quid pro quo from similar concepts which have no negative meanings. For one thing, many people will do favors for friends or even strangers with no expectation of being rewarded. They may even be offended if you offered them a financial reward for their actions. Certainly, many people will appreciate it if someone whom they helped lends them a hand in the future.

But appreciation is different from a sense of expectation.

In the legal industry, pro bono work is a healthy alternative to the negative connotations of quid pro quo. Lawyers devote substantial time and labor to underprivileged clients and to causes that are important to them. Here there is no expectation of being rewarded financially or even reputationally.

Instead, a lawyer who provides pro bono services receives the satisfaction of knowing they’re doing good for others. It’s a good reminder to keep grounded—to do your part to ensure that everyone, regardless of their financial circumstances, deserves adequate legal representation.

 

Example of diverse perspectives and uses of the phrase

 

If you’re cutting deals with one company or another, eventually, there’s going to be a quid pro quo. There’s going to be a bribe. There’s going to be something

David Brooks

 

If the angle you’re going at is there’s some kind of quid pro quo – there isn’t. Business is business, and people are allowed to make money. Looks can be deceiving, because there’s no quid pro quo here.

Mike Miller

 

Only unconditional grace can transform a hardened heart into a grateful heart. Only a free gift can demolish any notion of quid pro quo. Only an utterly merciful act of love can fashion a new creation capable of love. As theologian Karl Barth puts it, ‘As the beloved of God, we have no alternative but to love him in return.

Mark Galli

 

Pro bono work

Pro bono publico is another Latin phrase that is the opposite of quid pro quo and means “for the public good.”

Perhaps you’d agree it feels as if some form of reciprocity has become inextricable from politics and the workplace. It’s important to remember that this doesn’t have to be the case.

That concept, of doing a service without reward, should hold as much weight in one’s personal and professional life as does the idea of getting something in exchange for something.

TrustLaw Through TrustLaw, the Thomson Reuters Foundation connects NGOs and social enterprises with free legal assistance. Join the mission

 

---

Originally published by Thomson Reuters on July 20, 2023.

Chris O’Leary is a freelance writer and editor based in western Massachusetts. He is the managing editor of Thomson Reuters “The M&A Lawyer” and “Wall Street Lawyer,” and is also the author of two books on popular music.

Tom Zielund has masters degrees in cognitive psychology and computer science with emphasis on psycholinguistics. He is currently an Associate Architect of Information Systems for Thomson Reuters Labs where he helps manage the quality of data used for training models with machine learning.

Legal terms • contract • noncompete agreement

 

According to Black’s Law Dictionary, a noncompete agreement (covenant not to compete) is:

“A promise, usually in a sale-of-business, partnership, or employment contract, not to engage in the same type of business for a stated time in the same market as the buyer, partner, or employer. Noncompetition covenants are valid to protect business goodwill in the sale of a company. In employment contexts, requiring the employee, after leaving the employment, not to do a particular type of work, they are disfavored as restraints of trade. Courts generally enforce them for the duration of the relationship, but provisions that extend beyond that relationship must be reasonable in scope, time, and territory. Also termed noncompetition agreement; noncompete covenant; restrictive covenant; covenant in restraint of trade; promise not to compete; contract not to compete.”

 

FTC rulemaking update

One of two types of non-compete agreements is now banned, according to an Federal Trade Commission (FTC) final ruling issued in April, 2024:

The rule generally bans non-competes other than:

• Existing non-competes for senior executives. However, employers are prohibited from entering into or enforcing new non-competes with senior executives.
• Non-competes for the bona fide sale of a business entity. This is the other type of non-compete agreement, in which a business owner selling their company agrees not to compete with the new owner within set time and distance limits.

Historically, state law has governed worker non-competes. Recently, the Biden administration and federal regulators have embarked on efforts to ban or severely limit these agreements. The rule declares that an entity under the FTC’s authority engages in unfair competition if it enters into, attempts to enter into, or enforces a non-compete clause.

The rule is set to take effect on Sept. 4, 2024. However, legal challenges have already emerged. The U.S. Chamber of Commerce filed a lawsuit the day after the FTC issuance, calling the ruling “a dangerous precedent for government micromanagement and will harm employees, employers, and the economy.”

This lawsuit and other legal challenges could delay the ban or prevent it from taking effect. Regardless of the outcome of the legal challenges, the rule’s issuance makes clear that the FTC intends to aggressively challenge non-compete clauses that it views as unfair methods of competition.

 

Is legal drafting an art or a science? Maybe a little of both. Legal drafting is an organized method of writing a legal document created by identifying facts and laws and applying them to draft a document that is relevant and accurate. 

All lawyers know that the legal document they are drafting must be comprehensive, but not encumbered with extraneous language, and always fit for purpose. Yet, despite spending as much as 56% of their time drafting documents, according to research by Thomson Reuters, they still spent in excess of 15 minutes identifying a good starting point for their draft. So, what keeps lawyers from working more efficiently and effectively when they draft legal documents?

Let’s review the real challenges and promising solutions. 

 

Drafting can be time-consuming and inefficient 

No surprise here – time is a constraining factor for most legal professionals, as lawyers spend between 40 and 60% of their time drafting legal documents and reviewing contracts. Drafting has been a pain point and necessary evil of legal work that, until now, hasn’t had the breakthroughs or technological leaps forward that have been needed, or that AI could deliver on.  

Think about it: Is there anything you spend 40-60% of your time doing in your workday? What if you could delegate many of those tasks to an AI assistant and get on to the next important, more strategic work versus slogging through cumbersome tasks?    

 

Accuracy concerns 

There’s no latitude when it comes to the accuracy of legal documents. A draft of a legal document needs to be comprehensive, but not encumbered with extraneous language, and customized to a specific task. At the same time, it should be consistent with other related documents. Even a minor error can have major effects. Slight inaccuracies can cast doubt on an entire document, meaning a contract could be considered void. Legal professionals need to ensure their documents are 100% accurate, up-to-date, and compliant.  

Consistency and formatting are also imperative. Some documents need to comply with specific formats or content requirements to be valid. And both corporations and law firms often require consistency within their work product.   

  

Drafting is a multifaceted process 

Drafting documents is cumbersome for a number of reasons, including the variety of inputs, variation in legal requirements, countless revisions, and competing priorities.  Version control and collaboration are essential – and can be a headache. Legal documents aren’t (and shouldn’t be) drafted in a vacuum. That means there are multiple sets of eyes on a document and multiple versions to manage. Wrangling feedback from numerous sources, while maintaining a coordinated draft can be a double whammy of time and accuracy issues. 

 

Finding a starting point 

Nothing is more frustrating than starting from scratch on a document when a similar one exists somewhere in an organization’s vast knowledge base. Finding the most pertinent and most current document to use as a starting point is essential. Similarly, searching for the right legal precedent as a reference goes beyond just saving time and gets directly to the heart of a matter.  

 

The drafting solution for legal professionals 

Legal professionals won’t be surprised to hear that artificial intelligence is a promising option for relieving many of these drafting problems. AI has been called transformational in business, entertainment, education, politics, and personal applications. As it advances in the legal field, lawyers can use it to relieve some of their biggest challenges. 

In the legal industry, it can provide accuracy and time-saving benefits.

 

---

During this webinar, you’ll learn how Thomson Reuters is revolutionizing the legal drafting experience with CoCounsel, and doing away with the inefficient, cumbersome, and disjointed ways of drafting of the past. Watch webcast ↗

---

 

Delegating non-expert tasks 

Lawyers know that the less time they spend on tasks that don’t require their legal expertise, the more they can spend on strategic goals and delivering greater value to their clients and organizations. And it’s not just lawyers who struggle with time constraints. Paralegals and legal assistants, who often support multiple lawyers, can relegate tasks like legal research, document review, and contract analysis to AI. When legwork tasks are handled with technology (plus the thoughtful overview of professionals), everyone’s workday becomes more predictable – and satisfying. 

 

Digging deeper without the rabbit holes 

Sometimes, lawyers’ expertise and intuition tell them to dig deeper when preparing legal documents. Whether they’re searching for a document, a clause, or a precedent, finding the right information quickly can be difficult. By using AI applications with simple language search commands, legal professionals can uncover what’s needed without the pull of random corners of the internet that can draw time and attention away. New AI tools can also bring disparate legal resources under one system – keeping lawyers from jumping from one platform to another.  

 

Trusting the system 

Artificial intelligence requires training. It needs to know where to search for information, and how to synthesize and interpret expertise from various sources. For legal applications, AI needs to be trained on expert, reputable, and pertinent legal data. More data isn’t always better data. Legal professionals, including knowledge management executives, should look for legal AI tools that have been built on curated legal information. A tool that has been trained on the universe of public content may return results that aren’t targeted or trustworthy.  

 

Getting on board with new technology 

Regardless of whether drafting legal documents is the most- or least-favorite task in a lawyer’s daily schedule, it makes up a substantial portion of it. Just as the internet changed legal workflow in the late 20th century, the advancement of AI in the legal industry streamlines tasks and can improve outcomes. For legal professionals in law firms, corporate legal departments, or government agencies, how you choose to leverage AI can be a competitive advantage, but as GenAI is poised to transform how legal work gets done, having a strategy will soon be table stakes.  

 

---

CoCounsel Drafting is here Revolutionize drafting with the combined power of professional-grade generative AI and legal content you know and trust – all in Microsoft Word. Explore the solution ↗

---

Retailers worldwide face a growing and sophisticated threat known as organized retail crime. It involves the large-scale theft of goods from retailers by organized crime rings, who then sell these stolen items for profit. This type of crime is not just a series of isolated incidents but a coordinated effort by groups who are deeply entrenched in criminal networks. 

Jump to:  

Is shoplifting the same thing?

---

The evolution and impact of ORC

---

The structure of ORC networks

---

What do they steal?

---

The challenges in combating ORC

---

Technological and legislative responses

---

The role of retailers and law enforcement

---

Conclusion

 

 

Organized retail crime (ORC) is a highly coordinated effort involving multiple individuals who often operate within larger criminal networks. ORC is premeditated and involves intricate planning and execution. The individuals involved in ORC, known as ‘boosters’, steal merchandise not for personal use but explicitly for resale on the black market or through legitimate channels like online marketplaces.  

These goods are often resold by ‘fences’, part of the criminal network. ORC results in significantly higher financial losses per incident and can have a substantial economic impact on retailers and consumers alike, as the cost of stolen goods and added security measures may lead to higher prices for shoppers. 

Is shoplifting the same thing? 

Shoplifting and organized retail crime (ORC) are both forms of retail theft but differ significantly in their execution, scale, and impact.  

In contrast, shoplifting is typically an act committed by individuals acting alone without premeditation. It usually involves the opportunistic theft of merchandise and is often spontaneous. Shoplifters generally steal items for personal use rather than for resale. This type of theft is less organized and usually results in relatively low financial losses per incident compared to ORC. 

The distinction between shoplifting and ORC is crucial for understanding the different strategies to combat these types of crimes effectively. While shoplifting might be mitigated through enhanced in-store security measures and employee training, tackling ORC requires a more comprehensive approach involving law enforcement, advanced technological tools, and legislative support to dismantle the organized networks behind these crimes. 

The evolution and impact of ORC 

Organized retail crime (ORC) has existed for decades, but its scope and impact have intensified significantly in recent years.  

In the 1980s, police identified groups of shoplifters who were stealing goods not for personal use but to resell them in large quantities on the black market. Today, the problem has escalated into a multi-billion-dollar issue that affects not only the profitability of businesses but also the global retail landscape. 

ORC and its impact in the global retail landscape 

 According to the 2023 National Retail Security Survey, the average shrink rate in FY 2022 increased to 1.6%, up from 1.4% in FY 2021 and in line with shrink rates in 2020 and 2019. The National Retail Federation (NRF) recognizes organized retail crime as one of the primary contributors to retail shrink, accounting for a significant portion of inventory losses.  

The structure of ORC networks 

Organized retail crime typically involves multiple participants each playing specific roles. These include: 

• ‘ boosters’, who are individuals that steal merchandise from retail stores;  

• ‘fences’, who buy and resell these stolen goods through various channels such as online marketplaces or physical locations like flea markets; and 

• ‘organizers,’ who coordinate the operations, choose targets and manage logistics. 

What do they steal? 

The stolen items often include easily resalable products such as perfumes, cosmetics, toiletries, and power tools. These goods are sold on the black market, often through online auction sites or to other retailers and third-party merchants on major e-commerce platforms like Amazon and Walmart. 

The challenges in combating ORC 

In the retail industry, one significant challenge in tackling ORC is the underreporting of incidents. Approximately 50% of ORC incidents are not reported to the police, primarily because retailers believe that the police will not respond, investigate, or arrest the perpetrators. Other reasons include the overwhelming volume of crime and the lack of time and resources among workers to file reports.  

Moreover, the ORC has also seen a rise in violence and aggression. Retailers report increased safety incidents associated with theft, which poses a financial burden and threatens the safety and well-being of employees and customers. 

Technological and legislative responses 

Technology and legislation are being leveraged to combat the rising tide of organized retail crime. Retailers and law enforcement agencies increasingly use advanced tools such as real-time data access, license plate reader technology, fraud detection platforms, and visual recognition systems to identify and prevent ORC. 

Legislatively, several states have passed laws to stiffen penalties for those involved in organized retail crime. The federal government has also taken steps to curb the resale of stolen goods online, bypassing the INFORM Consumers Act, which mandates online marketplaces to verify the identity of high-volume third-party sellers. 

The role of retailers and law enforcement 

Retailers are not passive victims in this scenario. Many have taken proactive steps to secure their merchandise and premises. Measures include installing plexiglass cases and steel cables to lock down high-theft items, enhancing store security systems, and collaborating closely with law enforcement. 

Law enforcement agencies, on their part, have set up special task forces and invested significantly in efforts to curb ORC. For instance, California alone has invested over $241.4 million in bolstering law enforcement capabilities to investigate and prevent organized retail theft. 

Conclusion 

A complex and evolving challenge, organized retail crime demands a coordinated response from retailers, law enforcement, and the community. This multifaceted issue requires collaborative efforts to effectively combat its impact on businesses and society. By understanding the mechanisms of ORC and implementing strategic measures to combat it, stakeholders can protect their assets and ensure the safety of their employees and customers. As this type of crime continues to evolve, so must the strategies to combat it, underscoring the need for continuous innovation and collaboration in the fight against organized retail crime. 

Read more on how retailers can protect themselves against ORC. 

 

Why should you learn AI?

Learning AI is essential for individuals looking to thrive in today’s technology-driven world. It provides the skills, tools and knowledge necessary to tackle complex challenges, drive innovation and seize exciting career opportunities in a rapidly evolving landscape.

Steps to learn AI

Start with the basics

Before diving into the intricacies of AI, it’s crucial to grasp the fundamental concepts. Starting with the basics lays the groundwork for a comprehensive understanding of AI, enables smoother progression to advanced topics, and prepares you for practical applications. Mastering these essential principles provides both a solid theoretical foundation and the ability to critically analyze AI solutions.

Tip: Familiarize yourself with critical terminologies like machine learning, deep learning and neural networks. Understanding the nuances and relationships between these concepts will help you navigate the AI landscape more effectively. 

Tip: Explore introductory AI courses, textbooks or online tutorials. Choose from structured courses by universities or MOOC platforms for a comprehensive curriculum and hands-on projects. Alternatively, opt for self-paced tutorials or textbooks to learn at your own speed, reinforcing concepts with exercises and coding examples.

Embrace hands-on learning

Theory alone won’t suffice in mastering AI. Practical implementation is paramount. Experiment with programming languages commonly used in AI development, such as Python and R. These languages offer extensive libraries and frameworks tailored for AI applications.

Tip: Dive into projects that reinforce your understanding of the concepts. Start with simple tasks like creating a basic chatbot or image classification system. Platforms like Kaggle provide access to real-world datasets and host competitions to test your skills.

Tip: Compete in hackathons and competitions. These events encourage you to apply your knowledge and skills to solve real-world problems within a limited timeframe, fostering collaboration, creativity and practical application of AI techniques.

Explore specialized areas

AI is a vast field with diverse applications, ranging from computer vision to natural language processing. Specialization allows you to acquire in-depth knowledge and expertise in a particular domain. Explore different domains to discover where your interests lie. Whether it’s robotics, healthcare or finance, there are many opportunities to apply AI techniques.

Tip: Attend industry conferences, meetups or webinars focused on your area of interest. These events provide valuable insights into the latest trends, challenges and real-world applications within that specialized domain. 

Tip: Seek out internships, projects or collaborations within your specialized area. Hands-on experience is invaluable, allowing you to apply your theoretical knowledge to practical scenarios and gain industry exposure.

Stay up-to-date with industry trends

Cultivate a curious mindset and remain open to learning. Embrace challenges as opportunities for growth and experimentation. Adopting a lifelong learning approach will enable you to stay ahead in the dynamic field of AI. AI is constantly evolving, with breakthroughs and advancements emerging regularly. 

Tip: Follow influential figures, researchers and practitioners in the AI field on social media platforms like Twitter, LinkedIn or specialized forums. They often share insights, research papers and news about the latest developments in AI.

Tip: Stay up to date with the latest research papers, articles and publications in AI by regularly browsing academic journals and online publications. Websites like arXiv and Google Scholar, or platforms like Medium, often feature insightful articles and papers on AI-related topics.

Leverage community resources

In addition to formal education, leverage many online resources to enhance your AI skills. Join online forums and communities dedicated to AI to connect with like-minded individuals and expand your network. Engage in discussions, ask questions and share your experiences to foster mutual learning and growth. 

Tip: Explore online forums like Reddit’s r/MachineLearning or Stack Overflow to seek advice, share knowledge and collaborate with fellow enthusiasts. YouTube channels, podcasts and AI newsletters are also excellent sources of supplementary learning material.

Tip: Join a professional or amateur organization. Lots of them have peer-to-peer mentorship programs, Slack channels and other valuable resources in a structured environment where you can connect with peers or seek mentorship from seasoned professionals.

Ready to dive into AI? Here’s your roadmap to success

Mastering AI requires dedication, practical experience and continuous learning. By following the tips outlined in this guide, you can confidently and enthusiastically embark on your own AI journey. Remember to start with the basics, embrace hands-on learning, explore specialized areas, stay updated with industry trends and leverage diverse resources.

Are you ready to advance your AI skills? Explore the opportunities through Maryville University’s online Master of Science in Artificial Intelligence and AI certificate programs. Whether you’re an experienced professional or a newcomer, our AI program provides the tools, resources and guidance for success in shaping the future of artificial intelligence. Enroll today and lead the way in leveraging AI for positive change.

Recommended reading