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e-Commerce Docket Sheet
Lawyers Have Duty To Ensure Clients Comply
With e-Evidence Obligations
An attorney has an affirmative duty to take “active steps” to oversee client compliance with discovery obligations and ensure that relevant electronic documents are preserved and produced. Zubulake v. UBS Warburg LLC, No. 02 Civ. 1243 (S.D.N.Y. July 20, 2004). The court found that spoliation had occurred when relevant e-mails had either been purposely or inadvertently deleted, in some cases because of the re-use of backup tapes after the obligation to preserve e-evidence had attached. The court commented that counsel's obligation in supervising compliance includes identifying sources of discoverable electronic information (including by becoming familiar with a client's document-retention policies and data-retention architecture), speaking directly with key individuals (including client information-technology personnel) in the litigation to determine how documents are stored, requiring employees to produce copies of relevant electronic evidence, and providing for the segregation and safeguarding of any archival media, such as backup tapes.
FTC Settles Charges Alleging Retroactive
Change In Privacy Policy
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.