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E-Discovery

• Negotiating Second Request Discovery

  Few things can incite more urgency for legal and compliance teams than a Hart Scott Rodino Second Request. Notorious for their tight deadlines and high stakes, second requests require organizations to process, review and produce large quantities...

  • Posted 1 month ago
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  In-House Counsel, PR Consultants And The Privilege

  Formerly PR, and PR crises in particular, were handled internally and with extensive involvement of the legal department. Today the handling of PR crises is often outsourced, and crisis management is a recognized specialty industry. “Unfortunately,” writes...

  • Posted 1 month ago
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  Re-Purposing E-Discovery Software To Field DSARs

  Among the provisions of the California Consumer Privacy Act will be a requirement for affected companies to respond to a Data Subject Access Request. The “subject” of a Data Subject Access Request could be any consumer who...

  • Posted 1 month ago
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  An Old Judge Kavanaugh Opinion Prevails In A GC Privilege Case

  In the Northern District of Illinois, a general counsel’s emails to various in-house parties were ruled privileged when the court declined to apply “the primary purpose” test as requested by the plaintiffs. The plaintiffs wanted the defendant...

  • Posted 2 months ago
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  Gun-Tracing In The U.S Is From Another Century

  It’s no accident the U.S. has an archaic system for tracing guns, according to documentary film maker David Freid, whose work on the subject is up for an Emmy. “The technology that we use is largely designed...

  • Posted 2 months ago
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  Data And Business Litigation

  Data retention is a double-edged sword. Data can be a treasure trove of evidence, notably in matters involving trade secrets and non-compete agreements, but in virtually any type of litigation. At the same time, data – holding...

  • Posted 2 months ago
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  You Have The Right To Confront Your Accuser. What If Your Accuser Is An Algorithm?

  In criminal proceedings it’s become increasingly common for software-based technology to be used in garnering or processing evidence, or to calculate a sentence. Defense attorneys who want to challenge these processes often find that courts are willing...

  • Posted 2 months ago
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• In-House Counsel Control of Technology and Review

  In-house litigation counsel are faced with the dilemma of how to do more with less, and at a lower cost. Some are managing these dual objectives by strategically leveraging technology and review resources before and during the...

  • Posted 4 months ago
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  Deal Lawyers Take Note: Allies In Aborted Acquisition Find Their Diligence Wasn’t Privileged

  A third party, claiming it has been maligned, sued the two partners and said it wanted to see their communications leading up to their decision to back out.

  • Posted 4 months ago
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  Faster, Cheaper, Smarter: The Future of AI in E-Discovery

  AI found its way into the legal process as part of a complex but still circumscribed function: document review in the context of e-discovery. But this technology has now expanded far beyond document review. In this Today’s...

  • Posted 4 months ago
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