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A new case has brought into the spotlight the risks responding parties face when entering into ESI protocols with detailed disclosure obligations regarding technology-assisted review (TAR). In In re Valsartan, Losartan, and Irbesartan Products Liability Litigation (D.N.J. Dec. 2, 2020), the court refused to approve a responding party’s proposed TAR process and insisted that the design and execution of a TAR workflow required “an unprecedented degree of transparency” between the responding and requesting parties.
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By Karl Harris
The legal profession continues to embrace legal analytics and its advantages in increasing numbers every year. Now, the more interesting questions pertain to how legal professionals use legal analytics and what the likely path is for legal analytics in the future.
By Kim Peretti, Jon Knight, and Emily Poole
The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not protected by attorney-client privilege.
By Jake Frazier
Despite the fact that the CISO’s duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to the CEO.
By Sean Fitzpatrick
This article discusses the key lessons that can be taken from a series of recent surveys that seek to understand the long-term impacts of COVID-19 on the industry from the perspective of legal executives and frontline lawyers in U.S. firms and corporate law departments.