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Summer 2019 put some interesting case law into the books, some of which echoed the 2015 amendments to the Federal Rules of Civil Procedure. We’ll take a look at three cases having to do with lost data and whether spoliation sanctions were levied. In two of these cases, the lack of proof of “intent to deprive” meant that courts wouldn’t punish the litigants with sanctions, despite — in one case — a “woeful lack of proactivity” by both parties in taking their preservation obligations seriously.
By Christopher Perrotta
Gone are the days of naively assuming our confidential data is secure. Increasingly, clients, stakeholders, regulators and others are demanding proof that firms are actively protecting the PII to which they have access, and this evidence is being demanded both before and after security incidents. It is imperative law firms have the positions and processes in place to handle security incidents with urgency, accuracy and completeness.
By Doug Stansfield
As a matter of practice, law firms generate and store incomprehensible amounts of data. Most, if not all, of that data has been digitized and many firms that recognize the untapped value of their data have begun to leverage sophisticated technologies to mine it for reusable work product and valuable insights.
By Nina Cunningham
There is great enthusiasm about what AI can do to promote better living conditions, evoking wisdom, providing business intelligence through deep analysis of behavior and habits, by signaling trends and anticipating demand. But there are other considerations as well. A critical one is cybersecurity.
By Jason G. Weiss
The healthcare industry is facing an alarming proliferation of cyber perils. Why? Because our healthcare system is a “soft target,” and particularly vulnerable because of its lifesaving work, where time is of the essence. It’s a recipe for disaster from a cybersecurity standpoint.