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Cybersecurity Law & Strategy
Legal Tech: The Secret Life of E-Discovery Funding
Victoria Hudgins
The true extent of funding amounts fueling legal tech and e-discovery software companies will likely never be widely shared. The reason is simple: Without regulatory requirements, the competitive risks of disclosing these investments regularly outweighs any potential benefits.
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Cybersecurity Law & Strategy
Electronic Discovery Document Review: The Power of Feedback
Maggie Burtoft
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.
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Cybersecurity Law & Strategy
Flat Fee or Consumption-Based E-Discovery Pricing? Depends on Who You Ask
Victoria Hudgins
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.
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Cybersecurity Law & Strategy
Emojis and E-Discovery
Philip Favro
Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases.
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Cybersecurity Law & Strategy
Applying Scientific Method to E-Discovery Growth
Leonard Deutchman
This article discusses scientific method as it applies to the growth of e-discovery and its protocols.
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Cybersecurity Law & Strategy
Tightening Antitrust Enforcement Could Be Boon for E-Discovery
Victoria Hudgins
U.S. antitrust enforcement is tightening, and e-discovery practitioners and vendors in the M&A market are expecting an uptick in work. But the influx of complex discovery may drain resources for other corporate e-discovery matters.
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Cybersecurity Law & Strategy
Sorting Through the Trump Financial Documents: eDiscovery Lawyer Tells How Prosecutors Search For Clues
Nicholas Gaffney
A Q&A with Bobby Malhotra of Munger, Tolles & Olson LLP, Los Angeles.
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Cybersecurity Law & Strategy
Preserving Snaps: Understanding Retention Features of Messaging Apps
Philip Favro
The recent Doe v. Purdue University case out of the Northern District of Indiana — in which the court sanctioned plaintiff for failing to preserve relevant images and videos from his Snapchat application — teaches that counsel must understand the retention and deletion features of Snapchat and other messaging apps and social media if they are to help their clients preserve relevant ESI.
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Cybersecurity Law & Strategy
Call for Nominations: Legalweek Leaders in Tech Law Awards 2022
Zach Warren
Legalweek and Law.com are seeking nominations from lawyers who have handled cutting edge matters at the intersection of the law and technology.
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Cybersecurity Law & Strategy
The Pandemic Job Market: From Drought to Pandemonium
Jared Coseglia
This article gives historical context to the events that brought us to the current climate and provides guidance on how employers and employees can successfully navigate the ensuing complexities of job searching and hiring in the post-pandemic pandemonium.
Part One of a Two-Part Article
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Cybersecurity Law & Strategy
EDRM Asks for Public Comment on New Information Governance Model
Steve Salkin
Adoption of the IGRM model could mean “improving dialogue about information governance, increasing the buy in from stakeholders, and expanding the awareness of the importance of information governance in the modern enterprise.”
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Cybersecurity Law & Strategy
Managing and Preserving Zoom Data
Scott McVeigh
With business conversations extending across video, audio, transcripts and chat, it will not be long before we see Zoom data appearing as evidence in court. Legal teams and CIOs need to think about how to preserve Zoom data proactively for litigation case assessments, discovery, and holds, as well as investigations and regulatory actions.
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Cybersecurity Law & Strategy
Legal Tech: EU E-discovery ‘Phenomenon’ Comes With Unique Issues
Frank Ready
For a jurisdiction with little to no discovery process, the EU and its stringent privacy requirements may have already emerged as the next frontier for e-discovery providers looking to expand their business outside of the United States. However, the region’s relative inexperience with e-discovery could still emerge as a hindrance for vendors eyeing an EU-based expansion.
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Cybersecurity Law & Strategy
Legal Tech: Time to Move from Email to Centralized Platform for E-Discovery
Wendy Leibowitz
Lawyers need to move away from email as a project management tool to a centralized project management platform — akin to a huge, shared, digital whiteboard — where all production requests are entered on a form that meets litigation support needs.
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Cybersecurity Law & Strategy
Legal Tech: The Ethics of E-Discovery In a Remote Work Environment
Joseph Tate and Emily Plowcha
Just as the pandemic has challenged every aspect of our lives, the shift to a remote work environment has significantly impacted e-discovery and the ethical obligations of attorneys in this ever-evolving technological and legal landscape.
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Cybersecurity Law & Strategy
A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery
Ryan Costello
The intersection of foreign laws governing data collection and cross-border discovery operations continues to be a potentially volatile conjunction.
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Cybersecurity Law & Strategy
Legal Tech: Winter 2021 E-Discovery Case Law Review
Mike Hamilton
In this winter e-discovery case law review, we’ll cover three cases that might have turned out differently had counsel supervised e-discovery activities more adequately.
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Cybersecurity Law & Strategy
E-discovery 2020 Year In Review — And A Look Into 2021
Steve Salkin
The e-discovery issues associated with so many people working from home due to COVID-19, data collection privacy and more market consolidation are just some of the factors that respondents say will factor in to how law firms need to prepare for 2021.
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Cybersecurity Law & Strategy
Why Analytics Can Be Risky in the Wrong Hands
Barry Schwartz
Having the most expensive or advanced tool in the toolbox doesn’t matter if you don’t know how to use it, and if you’re not using those tools properly, there are risks everywhere.
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Cybersecurity Law & Strategy
LEGAL TECH: FileTrail Disposes of 1.5 Million Records for Nelson Mullins
Steve Salkin
“Ensuring that electronic records are disposed of in a timely manner is essential to maintaining security, confidentiality and data protection,” says Darrell Mervau, FileTrail president. And law firms are taking note.
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Cybersecurity Law & Strategy
LEGAL TECH: New TAR Case Spotlights Perils with Broad ESI Protocols
Philip Favro
A new case has brought into the spotlight the risks responding parties face when entering into ESI protocols with detailed disclosure obligations regarding technology-assisted review (TAR).
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Cybersecurity Law & Strategy
The Evolution of TAR
Gina Taranto
An overview of past technology-assisted review versions and a look at what‘s next.
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Cybersecurity Law & Strategy
Legal Tech: 3 Reasons to Attend E-Discovery Day 2020
The biggest yearly gathering of e-discovery industry professionals is on December 3, featuring webcasts, CLE opportunities and virtual networking.
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Cybersecurity Law & Strategy
Legal Tech: Fall 2020’s Most Interesting E-Discovery Cases
Mike Hamilton
In this quarter’s Case Law Review, we’ll take a look at recent rulings that cover the discoverability of ESI on sources other than a computer, whether social media posts offer any degree of privacy, and the importance of proportionality when attempting to compel production during litigation.
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Cybersecurity Law & Strategy
Legal Tech: Illinois District Court Case Provides TAR Guidance
Philip Favro
Livingston v. City of Chicago
A new technology-assisted review (TAR) case provides instructive guidance on any number of key issues surrounding the use of TAR.
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Cybersecurity Law & Strategy
Legalweek NY is Expanding to Guide You Through a Legal Industry Revolution
Zach Warren
The legal industry has undergone several years' worth of transformation over the course of the last six-plus months — so it's clear we're going to need more than a week to cover it all. Legalweek New York event is expanding in 2021 to include a yearlong slate of programming.
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Cybersecurity Law & Strategy
Legal Tech: Summer 2020’s Most Interesting E-Discovery Cases
Mike Hamilton
Social Media & Cell Phones Still Represent an E-Discovery Battleground
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Cybersecurity Law & Strategy
The State of the e-Discovery and Data Privacy Job Market: Pre- and Post-COVID-19, Part 1
Jared Coseglia
Part One of a Two-Part Article
This deep dive into the specific cause-and-effect paradigms impacting the data privacy and e-discovery verticals illustrates broader trends in the overall legal technology job market while simultaneously giving professionals in (or eager to be in) those disciplines a clear roadmap of where the legal technology, data privacy, and ESI job market was, is today, and where it will be in the future.
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Cybersecurity Law & Strategy
Legal Tech: Six Years of Tracking E-Discovery Trends and Providers
Ari Kaplan
For the past six years, the E-Discovery Unfiltered report to identify pricing patterns and preferences in electronic discovery, highlight projected investments in the sector, gauge the impact of the cloud, track shifting preferences in outsourcing and remote review, understand vendor selection criteria, and focus on the need for international ediscovery, among other trends.
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Cybersecurity Law & Strategy
Legal Tech: The Intersection of E-Discovery and Cybersecurity: You’ve Come a Long Way, Baby
Kenya Parrish-Dixon and Joe Schatz
Data is an asset and a liability. It fits into both accounting columns and will not fail to be used against a corporate entity if not secured properly. Databases contain trade secrets, personally identifiable information, HIPAA-protected health care information, proprietary information and classified data. As the size of databases grew and the importance of data became more evident, one thing became apparent: the information stored in those repositories had to be kept secure.
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Cybersecurity Law & Strategy
Legal Tech: How to Streamline Your eDiscovery and Plan for the Future
Brian Schrader
At law firms, attorneys will need to sustain the high quality of work they do in normal times, albeit with reduced budgets. The good news is that with ediscovery — an essential but expensive part of the litigation process — advances in technology since America’s last recession have made it possible to save money and time by adopting a more modernized and comprehensive approach.
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Cybersecurity Law & Strategy
Legal Tech: Embracing Diversity in the E-Discovery New Normal
Dionysia Johnson-Massie and Kimberly J. Duplechain
The COVID-19 pandemic creates opportunities for the ediscovery industry, like the law and technology industries, to expand its engagement and retention of diverse talent. Here are some actions that can be taken today.
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Cybersecurity Law & Strategy
Legal Tech: Spring 2020 E-Discovery and Privacy Case Review
Mike Hamilton
This quarter’s review will take a look at data in three formats: text messages, paper records and overseas email disputes.
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Cybersecurity Law & Strategy
Legal Tech: Legal Departments Leaving Light On for E-Discovery Providers Willing to Renegotiate
Frank Ready
In the COVID-19 economy, in-house legal departments will likely continue to insource many of their e-discovery needs since the same staff can often be used to perform other vital office functions. However, some departments may use this as an opportunity to try and negotiate lower prices with outside e-discovery providers.
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Cybersecurity Law & Strategy
Legal Tech: As Bankruptcies Grow, E-Discovery Counsels’ Work May Become More Challenging
Victoria Hudgins
Businesses reeling after multiple international stay-at-home mandates are finding themselves out of options and filing for bankruptcy. The situation has led some law firms to cash in on bankruptcy service, and made many cautiously optimistic that the bankruptcy practice will be in high-demand during the current recession.
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Cybersecurity Law & Strategy
Legal Tech: Preparing for Internal Investigations to Mitigate Risk
David Carns
How Advanced E-discovery Tools Can Help Simplify Information Gathering, Unify Disparate Information Systems, Standardize Workflows Across Departments, and Reduce Both Costs and Risk
The stakes in internal investigations can turn out to be very high. Companies can often respond effectively if they proactively plan for investigations and leverage technology that can comb through large amounts of data quickly at low cost.
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Cybersecurity Law & Strategy
Legal Tech: 7 Steps to Make Your E-Discovery Process Pandemic and Recession-Ready
Brian Schrader
For the legal profession in general, and e-discovery specifically, one of the biggest ways a recession is felt is through litigation budget pressure. To weather a recession, we need to be prepared to do more with fewer resources.
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Accounting And Financial Planning For Law Firms
Recovery Models for e-Discovery and Litigation Support Services that Make an Impact
Nathan Curtis
In 2019, Mattern went to the market to conduct its first deep dive into e-discovery and litigation support cost recovery in the 2020 e-Discovery and Litigation Support Cost Recovery Survey. Some of the results surprised us.
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Cybersecurity Law & Strategy
Legal Tech: Recovery Models for e-Discovery and Litigation Support Services that Make an Impact
Nathan Curtis
With big data and the resulting explosion of electronic documents, texts, images and voicemails that are subject to discovery, the cost burden was increasing at a pace that required firms to reconsider their recovery approach. This is why in 2019, Mattern conducted its first deep dive into e-discovery and litigation support cost recovery in the 2020 e-Discovery and Litigation Support Cost Recovery Survey. Some of the results were surprising.
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Cybersecurity Law & Strategy
Legal Tech: Will the U.S. Become a Haven for International Discovery Under Section 1782?
David R. Cohen and Bradley C. Whitecap
Second and Eleventh Circuit rulings are likely to expand refuge to discovery in the U.S., even for international litigation and arbitrations that don’t ordinarily include discovery rights.
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Cybersecurity Law & Strategy
Legal Tech: E-Discovery and Seizure Orders Under the Defend Trade Secrets Act
Philip Favro
Congress passed the Defend Trade Secrets with much fanfare, touting its potential to curtail both domestic and cross-border theft of American ingenuity and technology. The DTSA offers a unique and powerful remedy to aggrieved parties in their efforts to curb trade secret misappropriation: ex parte seizure of property containing trade secrets. This article provides a brief overview of DTSA seizure orders and discusses e-discovery considerations in connection with those orders.
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Cybersecurity Law & Strategy
Hybrid Legal Document Review: Where Human and Artificial Intelligence Meet
Brian Schrader
AI is in many ways still in its infancy, and it’s important to realize that platforms utilizing this technology are heavily dependent on constant human interaction and training.
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Cybersecurity Law & Strategy
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.
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Cybersecurity Law & Strategy
Legal Tech: E-Discovery Lessons from the Presidential Impeachment Proceedings
Joshua Hummel and 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.
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Cybersecurity Law & Strategy
It’s Legalweek Time Again
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.
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Cybersecurity Law & Strategy
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.
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Cybersecurity Law & Strategy
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.
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Cybersecurity Law & Strategy
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.
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Cybersecurity Law & Strategy
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.
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Cybersecurity Law & Strategy
Legal Tech: Summer 2019 E-Discovery Case Law Review
Mike Hamilton
A review of recent cases involving e-discovery.
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