Features
Best Practices in Second Request Document Review: How to Execute An E-discovery-Based Plan
Part 2 of a Two-Part Article Part 1 of this article discussed approaches to managing second requests using core project management principles that allow you to control the timeliness, cost, and quality of your organization's response. This follow-up looks at the pragmatics of strategizing and executing a successful plan.
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.
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
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.
Features
Legal Tech: Twitter's Future and E-discovery
Whether Twitter's doomsday is coming is still uncertain. But the threat of loss of years' worth of companies' data could be the impetus behind testing collection tools and reevaluating e-discovery processes.
Features
Legal Tech: E-Discovery: Three Key Metrics Critical to Who Wins and Loses E-discovery Talent
There are three key industry metrics that have, and will continue to, articulate how law firms, service providers, software companies, and corporations compete for and win (or lose) talent in e-discovery: speed of hire, compensation inflation, and workforce evolution (remote vs in-office; contract vs direct hire).
Features
Legal Tech: Duty to Preserve ESI of Hybrid-Driven Collaborative Tools
With heightened ease of use and convenience comes a duty for businesses and organizations to employ best practices regarding their responsibilities in maintaining the electronically stored information (ESI) that these applications create.
Features
Text Messages In E-Discovery
This article looks beyond conspiracy theories and Secret Service slip-ups — or subterfuge, depending on one's perspective — to take a look at the law and technology of texts in e-discovery.
Features
Cloud-Based Discovery Is at Critical Mass: A Practical Approach
Part Two of a Two-Part Series Cloud technology use in discovery is inevitable. Fortunately, one of the inherent benefits of cloud discovery platforms is the ability to spin up a proof of concept matter quickly to get your feet wet. This article provides a practical approach to making sure you're ready for the cloud when the time comes.
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