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New e-discovery cases continue to proliferate, spotlighting key trends regarding the handling of ESI in litigation. Two particularly noteworthy topics include:(1) Possession, custody, or control questions involving employee text messages; and 2) the role and form of adverse inference instructions to juries to address ESI spoliation. Understanding how courts are addressing these issues will more readily prepare counsel to address them during litigation.
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Incident Response Plans and Tabletop Exercises May Be A Waste of Time
By Larry Gagnon
Developing and delivering an IRP or TTE to improve the effectiveness of your incident response approach, in isolation, does not work. If your incident response preparation activity does not include some fundamental tactical actions, when the time comes and your house is on fire, your breach response will fail to meet your expectations.
Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act
By John Beardwood and Shan Arora
Part Four In a Series
The conclusion of the series on Canada’s recently introduced Consumer Privacy Protection Act looks at hot button enforcement issues in the Act.
The Great Resignation and Its Impact on Legal Department Contract Workflows & KM
By Shanil R. Vitarana
Like other organizations, including law firms, in-house legal departments have not been spared from the “great resignation.” Lawyers and professionals across all industries are actively seeking new opportunities for a host of reasons including better pay, better culture and better balance. When they leave, they take with them not just their talent but the institutional knowledge they’ve accumulated, while their former team members are left to piece things together.
Arm Yourself Against Crypto Regulatory Uncertainty
By Kristin L. Burnett
The promise that the crypto and digital assets markets bring comes bundled with uncertainty — especially on the regulatory front. Until jurisdictions adopt unified and consistent frameworks that account for the unique facets and features of cryptocurrencies, institutional investors and other market participants must keep abreast of ever-changing, dynamic laws to avoid sanctions and fines.
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