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Judges across the country are not in alignment on whether spoliation sanctions can be warranted under the court’s inherent authority — and outside the scope of FRCP 37(e). Regular readers of our quarterly Case Law Review might recall that the court’s use of Inherent Authority was a topic of our Summer review in the September issue; where does FRCP 37(e), which governs negative inference sanctions for lost ESI, come in to play? And is lost electronically stored information (ESI) truly lost if it’s available outside of a physical hard-drive?
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Typically Uncommon: Defending Class Action Certification in Data Breach Litigation
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?”
A Legal CIO’s Guide to Technology Procurement In 2023
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.
Best Practices In Second Request Document Review: Eliminating the Fear Factor
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.
Innovating Hybrid: Empathy and Iteration
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.
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