E-Discovery

 
 
  • Negotiating Second Request Discovery

    A Hart Scott Rodino Second Request can be a major impediment to the completion of an M&A deal, and compliance can be a challenge. It requires an organization to process, review and then produce large quantities of...

    • Posted 7 months ago
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  • Cybersecurity Protocols and ADR

    Surveys taken after the massive Panama Papers hack suggested that law firm cybersecurity industry-wide was lagging behind health care and financial services companies. Now it appears that another niche of the legal industry may be even less...

    • Posted 8 months ago
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  • Ransom Attack Hits A Case-Management Provider; Client Law Firms Feel The Pinch

    One of the nation’s largest case-management firms has been targeted by a ransomware attack. Early in October, it alerted customers regarding what it first characterized as a security breach caused by a.....

    • Posted 9 months ago
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  • 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 10 months 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 10 months 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 10 months 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 11 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 11 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 11 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 11 months ago
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