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More than ever before, legal and regulatory activities require high-quality data and increasingly sophisticated techniques for seeking out, preserving, and collecting that data for litigation. In particular, e-discovery activities can often create snags for counsel through myriad ways — from custodian collection mistakes to actions that lead to permanent injunctions due to ESI spoliation. In this winter e-discovery case law review, we’ll cover three cases that might have turned out differently had counsel supervised e-discovery activities more adequately.
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The Adoption of Legal Analytics
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.
Why Untangling the CISO from IT Can Improve Governance and Security Outcomes
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.
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