• Internecine Climate-Denier Lawsuit Settles for $630K

    In a saga to warm the hearts of environmentalists everywhere, the board of directors of an aggressive climate-change skeptic group called the “Free Market Environmental Law Clinic” has been embroiled in a legal battle with its former...

    • Posted 1 week ago
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  • Litigation Holds And The GDPR

    The EU’s General Data Protection Regulation (GDPR) makes compliance with litigation holds more complicated. United States courts expect corporate litigants to properly preserve records and have issued severe sanctions in cases where they are not preserved. In...

    • Posted 2 weeks ago
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  • What You Need to Get Ahead Using E-Discovery Analytics

    How the next generation of e-discovery platforms is using analytics to drive efficiency, cost-savings and quality of results, and promising. to move e-discovery from the exclusive....

    • Posted 4 weeks ago
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  • Everything You Own In A Box To The Left

    In the standard Electronic Discovery Reference Model flow chart, the box farthest to the left refers to information governance - the process of getting your house in order...

    • Posted 4 weeks ago
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  • Private Facebook Boosts Are Discoverable, Says NY Appeals Court

    A recent decision from the New York Court of Appeals found that Facebook posts are not entitled to protection, even when they are under the user’s privacy settings. There’s nothing so novel about Facebook materials that would...

    • Posted 1 month ago
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  • NY Courts Embrace Technology-Assisted Review

    A new rule that explicitly encourages technology-assisted review in the Commercial Division of the New York state courts, the arm of the courts that handles major commercial cases. The intent of the new rule is to “steer...

    • Posted 2 months ago
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  • Does “Memo” About A Privileged Memo Waive Privilege?

    The defendant mortgage company conducted an internal investigation under the aegis of its outside lawyers, after an allegation that it had submitted false information to HUD. Company attorneys then prepared a memo summarizing the findings and reporting...

    • Posted 3 months ago
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  • Spoliation Sanctions Can Dwarf What The Case Is Worth

    A ruling from the Second Circuit Court earlier this year is a cautionary tale about the importance of implementing sound legal hold and production practices even in smaller cases. The value of this case in terms of...

    • Posted 5 months ago
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  • Trump’s SCOTUS Choice, Judge Kavanaugh, Just Opined On “Privilege”

    Brett Kavanaugh, the President’s nominee for the Supreme Court and current judge on the Court of Appeals for the DC Circuit, recently authored an opinion that lays out a relatively expansive view of privilege in the context...

    • Posted 5 months ago
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  • Your Location Data, Bought And Sold

    A dramatic event in an industry many people weren’t aware of – the buying and selling of cell phone user location data – occurred last week, when security investigator and blogger Brian Krebs contacted LocationSmart to let...

    • Posted 7 months ago
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