Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

IT's Importance in Proper ESI Management

By Regina A. Jytyla and Kelly D. Kubacki

Traditionally, corporations have relied upon the advice of outside counsel to ensure that legally sound procedures were in place to properly identify, preserve, review and prepare corporate data for litigation or an investigation. However, times have changed and these responsibilities no longer rest solely with outside counsel ' if at all. Due to the economic pressures of the past year, the law and technology concerning electronically stored information (“ESI”) have developed at warp speed, allowing corporations to manage their data and litigation response differently. Corporations are increasingly taking more control of the e-discovery process, particularly in the early stage of information management, launching an evolution in the roles IT professionals and corporate attorneys play. Consequently, IT and legal must participate in a carefully choreographed dance in order to respond successfully to ESI requests. This entails developing an ESI strategy (in addition to a document retention policy), while utilizing tightened resources efficiently. Attention must also be paid to emerging technology that mandates routine updates to company policies, while safeguarding sensitive corporate data.

ESI Strategy

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.