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Features

A Look Behind, A Look Ahead: Part Two - E-Discovery Image

A Look Behind, A Look Ahead: Part Two - E-Discovery

Steve Salkin

Part Two of a Two-Part Article Cybersecurity Law & Strategy partnered with our ALM sibling Legaltech News to ask cybersecurity and e-discovery experts what they thought the key trends of 2019 and what they expect to see in 2020. Part Two looks at e-discovery.

Features

Legal Tech: E-Discovery Lessons from the Presidential Impeachment Proceedings Image

Legal Tech: E-Discovery Lessons from the Presidential Impeachment Proceedings

Joshua Hummel & Paul Fling

Whether we realize it or not, e-discovery has found a central place in the news during the Trump campaign and presidency, and in particular, during the impeachment proceedings.

Features

It's Legalweek Time Again Image

It's Legalweek Time Again

ssalkin & ljnstaff

This year, Legalweek will feature workshop boot camps, networking events, hundreds of exhibitors on the tradeshow floor and three conferences designed to address key issues at a functional level: LegalCIO, Legal Business Strategy, and, of course, Legaltech, the world's largest and longest running trade show for legal technology.

Features

Legal Tech: New Data Types Challenge E-Discovery to Keep Pace Image

Legal Tech: New Data Types Challenge E-Discovery to Keep Pace

Cliff Dutton

Expanding the Scope of Data Has the Potential to Slow Down Discovery and Increase Cost, But If New Data Types Contain Uniquely Dispositive Content, It Will Be Necessary to Include Them In Order to Achieve Just Determinations Data types evolve faster than law. New data types are expanding the scope of discoverable data. The variety, velocity and complexity of electronic evidence challenge legal processes and the technology-enabled legal applications that are designed to support them.

Features

Legal Tech: Crisis Control: Best Practices for Emergency E-Discovery and Incident Response Image

Legal Tech: Crisis Control: Best Practices for Emergency E-Discovery and Incident Response

Andrew Johnston

A set of steps and best practices that legal teams can follow to ensure thorough and efficient handling of e-discovery in crisis situations.

Features

Legal Tech: A Closer Look At 3 Summer Cases Concerning Lost Data Image

Legal Tech: A Closer Look At 3 Summer Cases Concerning Lost Data

Mike Hamilton

Summer 2019 put some interesting case law into the books. We'll take a look at three cases having to do with lost data and whether spoliation sanctions were levied.

Features

Legal Tech: New Cases Provide Insights on the FRCP 37(e) 'Reasonable Steps to Preserve' Requirement Image

Legal Tech: New Cases Provide Insights on the FRCP 37(e) 'Reasonable Steps to Preserve' Requirement

Philip Favro

The Franklin and Culhane Cases Demonstrate the Importance of Both Implementing and Then Following Corporate Litigation Readiness Measures for Purposes of FRCP 37(E) An evaluation of FRCP 37(e) necessarily entails examining key motion practice flash points that have arisen since the implementation of the rule. One of the most significant of these flash points is what constitutes "reasonable steps to preserve" relevant ESI.

Features

Legal Tech: Summer 2019 E-Discovery Case Law Review Image

Legal Tech: Summer 2019 E-Discovery Case Law Review

Mike Hamilton

A review of recent cases involving e-discovery.

Features

Legal Tech: How E-Discovery Trends Are Reshaping E-Discovery Teams Image

Legal Tech: How E-Discovery Trends Are Reshaping E-Discovery Teams

Nishad Shevde

E-discovery, as an industry, is once again at an inflection point. What are the big trends that are exerting pressure on e-discovery teams today — and more importantly, what will an effective e-discovery team look like in the coming years?

Features

Legal Tech: Spring 2019 E-Discovery Case Law Review Image

Legal Tech: Spring 2019 E-Discovery Case Law Review

Mike Hamilton

The amendments to the Federal Rules of Civil Procedure in 2015 intended to clarify some of the ambiguities that caused inconsistent rulings in e-discovery matters. One such amendment was to Rule 37(e), which seemed to indicate that courts would not levee punitive sanctions without establishing “intent to deprive.” Despite this language, though, courts continue rely on their inherent authority to issue sanctions, meaning organizations must take their preservation obligations seriously.

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