Features

U.S. Supreme Court Will Hear Political Football Section 230 Case — Why This One?
The Supreme Court has decided in the context of national security to consider the parameters of, and possible limits to, "Section 230" liability protections for social media companies. The question is why this case? The Supreme Court has decided to accept a case that, while sounding narrow and technical, actually goes to the heart of the way many Internet platforms operate — algorithmic targeted content recommendations.
Features

Legal Tech: The Attorney-Client Privilege Purpose Requirement and E-Discovery
On Jan. 9, the U.S. Supreme Court heard oral argument on whether the attorney-client privilege protects against disclosure of dual-purpose communications — where the communications contain both legal and nonlegal advice.
Columns & Departments
Live Webinar: The Crypto Landscape Post-FTX
On Feb. 15 at 4 p.m. ET, Cybersecurity Law & Strategy will present a complimentary live webinar titled "The Crypto Landscape Post-FTX." The presentation will cover the current status and near-future outlook for the blockchain (crypto) sector.
Features

Typically Uncommon: Defending Class Action Certification in Data Breach Litigation
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant's breach of any purported duty of care, and whether the defendant's alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is "what is the value, if any, of your injury or damages?"
Features

A Legal CIO's Guide to Technology Procurement In 2023
For a legal CIO, one of the key responsibilities is to establish that the organization has the right technology in place to support its operations and achieve its business goals. This can be challenging, as there are many factors to consider when choosing new technology for your organization. One bad decision can have a material impact on not only the bottom line, but on the ability of your firm to compete in an ever-changing legal market.
Features

Best Practices In Second Request Document Review: Eliminating the Fear Factor
Part One of a Two-Part Article: Challenges and solutions in document review HSR second requests have become increasingly common in mergers or acquisitions that meet the premerger reporting threshold, which in 2022 was a transaction value of more than $101 million. The burdens of complying with second requests are onerous. The mere thought of undergoing such an exercise tends to strike fear in the heart of the legal department. In this article series, we'll outline the major challenges of second requests, suggest strategies to overcome them, and discuss how to face a second request with equanimity and confidence.
Features

Innovating Hybrid: Empathy and Iteration
Recognizing that this is a time of innovation, one way law firms can 'prepare for a future we can't yet see' is through leveraging two key levers: the need for empathy and iteration.
Features

What's In Store for the Blockchain Industry In 2023?
The FTX bankruptcy caps a very difficult 2022 for the entire blockchain industry, spanning exchanges to decentralized finance to non-fungible tokens (NFTs). Blockchain and crypto skeptics are shouting "I told you so," while investors watch billions of investment dollars evaporate under the harsh light of the bankruptcies of Celsius, Compute North and now FTX.
Features

Is Asking E-Discovery Vendors for Indemnification for Data Breaches Provide Security of Clients' Data?
Threats of cyberattacks have not only made legal professionals more wary — especially as legal teams in firms and in-house are increasingly the target of cyber hackers — but it has also changed their relationship with vendors.
Features

Privilege Logs: Strategy, Best Practices and Practical Advice
This article provides an overview of the different types of privilege logs, lays out best practices for negotiating ESI or privilege-log protocols, and discusses other issues that can occur with privilege logs in e-discovery.
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