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The Calm Before the Litigation Storm
Lawyers representing enterprises with complex information systems generating and storing vast amounts of data are familiar with the perils of e-Discovery. If this familiarity did not arise before Dec. 1, 2006, it certainly arrived with the e-discovery clarifications and codifications to the Federal Rules of Civil Procedure ('FRCP') that took effect on Dec. 1, 2006. Given the implications of these rules for compliance, it is imperative that businesses accelerate and elevate their planning for how to address every phase of electronic discovery ' identification and preservation, collection, processing, analysis and production. Unfortunately, dealing with these issues is not as simple as shopping for software packages or asking a consultant to apply industry best practices to the company's electronically stored information ('ESI') procedures. This article spells out a rational, comprehensive plan for achieving e-discovery preparation.
There is no magic bullet for bringing about e-discovery readiness, although there are many peddlers of 'solutions' to the new FRCP that would have you believe otherwise. Readiness requires a combination of legal, technical, and practical measures that can only be determined through the application of judgment, preferably informed by experience, to the particular needs of each organization. The idea that there is a universally applicable ESI solution, whether technical or procedural, is pure snake oil.
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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.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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