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Gone are the days when a lawyer would print out documents and prepare a privilege log by drafting individual descriptions — one privileged document at a time. Leveraging the latest technological tools, today’s e-data lawyers are as sophisticated and efficient in preparing privilege logs as they are in all other phases of discovery. Privilege-log planning should begin well before the first privileged document is logged. In fact, privilege-log strategy should be considered at the outset of a matter and included in early meet-and-confers with opposing counsel about the discovery process. In this article, we provide an overview of the different types of privilege logs; lay out best practices for negotiating ESI or privilege-log protocols; discuss what to do if an ESI or privilege-log protocol has not been entered in a matter; consider practical uses of technology to generate privilege logs; and address the inadvertent production of a privileged document.
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Plan to Protect: Cybersecurity for Employees Before Day One
By Luke Tenery and Daron Hartvigsen
With new employees come new risks; from aspiring insider threats that intend to join a target to extract sensitive information, to insecure processes being exploited due to too much trust being placed in candidates and new hires.
Preparing Companies for Impending Data Privacy, Cybersecurity Changes
By Sarah F. Hutchins
Failing to pay attention to shifting data privacy and security regulations can be costly. Here’s an overview of what’s been happening — and what’s likely to happen next — in the world of data privacy and security.
AI Considerations for In-House Counsel
By Charmian Aw, Diletta De Cicco, Annette Demmel, Charles-Albert Helleputte, Kyle Fath, Alan Friel, Julia Jacobson, Bartolome Martin and David Naylor
Having an AI policy that outlines acceptable use, and documenting assessments that establish that AI systems are used in a manner consistent with the policy and that the benefits outweigh potential harms, can go a long way in managing legal and reputational risk.
4 Pitfalls To Avoid In Legal Operations (and How to Deal With Them)
By Brian Corbin
For legal stakeholders seeking to take their existing legal operations programs to the next level or start new programs from scratch, there are a few all-too-easy traps that can stunt growth, cost political capital and cause headaches. Having a strategic plan, budget and critical executive buy-in is not enough to avoid these four common issues.
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