Follow Us
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
On Jan. 12, 2021, a U.S. district judge for the District of Columbia issued an opinion in Wengui v. Clark Hill, PLC, 440 F. Supp. 3d 30, 33-34 (D.D.C. 2020), granting the plaintiff’s motion to compel production of a data breach forensic report and other materials prepared by a third-party forensic consultant. The court ordered production of the forensic report even though the consultant was operating under the direction and control of outside counsel and under an agreement entered into after the discovery of the underlying data breach. The court found that Clark Hill had not established that the forensic report was protected from production by either the attorney-client privilege or work product doctrine, noting that Clark Hill’s understanding of the incident seemed to be based solely on the forensic consultant investigation, which would have occurred in the ordinary course of business, and Clark Hill’s purpose in hiring the forensic consultant was to obtain cybersecurity expertise, not legal advice.
Continue reading by getting
started with a subscription.
Privacy Risk Management & Data Minimization
By Therese Craparo and Sarah Bruno
Many organizations — from growing start-ups to mature, well-established companies — are struggling with the new reality of what it means to manage data in an era of digital transformation, exponential data growth, and expanding regulatory regimes focusing on data management and minimization.
Digital Dibs: Rival Views of Generative AI Copyrights
By Greg Moreman
GAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape’s framework by posing a simple question: Who authored the material? We’ll explore how two countries are answering this question in different ways.
Empowering Legal Professionals: Navigating AI Solutions for Efficiency and Data Security
By Michael T. Murray and Tony Donofrio
Integrating AI tools into legal practice without compromising the security of sensitive client information is a paramount concern. In this article, we’ll examine how AI is revolutionizing certain aspects of legal work, while offering best practices for employing these technologies and providing guidance for legal professionals in selecting the right AI products and service providers.
Pitfalls In Personal Device Data Collection
By Marjorie Peerce and Marguerite O’Brien
The increasing frequency of “bring your own device” policies creates serious implications for subpoena recipients and litigants to ensure compliance with discovery demands. And courts across the country consider such personal mobile data fair game. To avoid pitfalls —and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
Copyright © ALM Global, LLC. All Rights Reserved.
