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The first quarter of 2020 saw the first of what promises to be many cases involving new privacy laws — including the EU’s General Data Protection Regulation (GDPR) making its way into a U.S. e-discovery dispute. Heading into the year, a majority of Legal Departments suspected that e-discovery would become more complex with the launch of the U.S.’s California Consumer Privacy Act (CCPA), but polling shows that a majority of global organizations are still struggling to comply with the GDPR — which launched more than two years ago. With that in mind, this quarter’s review will take a look at data in three formats: text messages, paper records and overseas email disputes.
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By Brian E. Middlebrook, Tyrik Jiang, John T. Mills and Joseph Salvo
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant’s breach of any purported duty of care, and whether the defendant’s alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is “what is the value, if any, of your injury or damages?”
By Ted Theodoropoulos
For a legal CIO, one of the key responsibilities is to establish that the organization has the right technology in place to support its operations and achieve its business goals. This can be challenging, as there are many factors to consider when choosing new technology for your organization. One bad decision can have a material impact on not only the bottom line, but on the ability of your firm to compete in an ever-changing legal market.
By Jessica Robinson and Amit Dungarani
Part One of a Two-Part Article: Challenges and solutions in document review
HSR second requests have become increasingly common in mergers or acquisitions that meet the premerger reporting threshold, which in 2022 was a transaction value of more than $101 million. The burdens of complying with second requests are onerous. The mere thought of undergoing such an exercise tends to strike fear in the heart of the legal department. In this article series, we’ll outline the major challenges of second requests, suggest strategies to overcome them, and discuss how to face a second request with equanimity and confidence.
By Alaa Pasha
Recognizing that this is a time of innovation, one way law firms can ‘prepare for a future we can’t yet see’ is through leveraging two key levers: the need for empathy and iteration.