Features
What Makes Forensic Reports Different?
Why Are Courts Breaking the Rules and What Are the Unintended Consequences? A lesson learned by young lawyers everywhere is that internal, corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
Features
Electronic Discovery Document Review: The Power of Feedback
Human review of documents will continue to play a huge part in the ediscovery process. Managing reviewer training and accuracy can make or break the budget for your matter.
Features
Competing by Connecting: In an Increasingly Crowded Market, Litigation Teams Must Leverage Centralized Technologies to Rise Above Their Rivals
Regardless of where each law firm currently stands in its innovation journey, it is crystal clear that the need to speed up the modernization of their technology solutions that facilitate connectivity, automation and workflow between their staff is real and immediate.
Features
Mobile Devices Can Provide Lucrative Back Door Into Businesses for Cyber Thieves
We live with the reality that the once ordinary communication tool is now a potent device that needs to be used responsibly on the basis that there is a cybercriminal fraternity hell-bent on accessing said devices for ill-gotten gain.
Features
Hybrid Work Environments Add to Internal Cybersecurity Risk
Are law firms truly prepared for evolving threats on the horizon, especially with hybrid work arrangements gaining momentum?
Features
9th Circuit: Police Violated Google Users' Privacy Rights After Automated Email Scan Detected Child Pornography
A federal appeals court found that law enforcement violated a Google user's constitutional rights when it opened email attachments the platform flagged as child pornography through an automated system.
Features
Flat Fee or Consumption-Based E-Discovery Pricing? Depends on Who You Ask
Being charged per gigabyte by an e-discovery software platform isn't new, but it can still be a budgetary drain for law firms that handle many large e-discovery matters.
Features
Slut-Shamed In the Workplace? Avoiding Exposure for Your Employees' Exposure
Situations involving an employee's voluntary online exposure rarely end well and can bring legal exposure for the employer.
Features
How to Address Evolving Privacy Regulations During Discovery
One Recipe for Success: Treat Private Data With the Same Priority Given to Privilege But for all the coverage that privacy regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices.
Features
Artificial Intelligence and Subject Matter Eligibility In U.S. Patent Office Appeals
For the foreseeable future, patent applications involving artificial intelligence technologies, including machine learning, will increase with the continued proliferation of such technologies. However, subject matter eligibility can be a significant challenge in securing patents on artificial intelligence and machine learning.
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- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- Current Issues In Enforcing Judgments Against LLCsWhen a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.Read More ›
