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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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Cybersecurity Law & Strategy
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?
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Cybersecurity Law & Strategy
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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Cybersecurity Law & Strategy
Legal Tech: The 2019 EDRM TAR Guidelines — Recognizing the Evolving Role of the Subject Matter Expert
Erin Baksa
After reading the new Technology Assisted Review (TAR) Guidelines from EDRM, it is clear that the evolution of the underlying technology in TAR solutions is reshaping the role of the subject matter expert (SME).
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Cybersecurity Law & Strategy
E-discovery and Beyond: Facing Change in the Age of AI
Steve Salkin
A Roundtable Discussion
Experts share their experience and insight on the evolving acceptance and use of AI and advanced analytics tools for e-discovery — and beyond.
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Cybersecurity Law & Strategy
Legal Tech -- Behind the Tech: Client-Centric Innovation: The Evolution of the Casepoint Platform
Vishal Rajpara
One In a Continuing Series of Articles Looking At Legal Tech Innovation and the Story Behind It
In seeing clients’ pain-points and becoming intimately engaged with their internal processes, my colleagues and I resolved to address a problem that many of our clients may not have even known they could fix. Our overriding goal from the outset was to fill the efficiency void that was so obvious in all of the feedback we were receiving from clients across the board by developing a fully integrated, end-to-end legal workflow platform.
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Cybersecurity Law & Strategy
Legal Tech: Winter 2019 E-Discovery Case Law Review
Mike Hamilton
As a practice, e-discovery involves professionals from a variety of disciplines. For this case law review, we spoke with professionals who play different roles in the e-discovery process to identify three case law rulings from 2018 that stood out in the impact they have on how e-discovery is practiced today.
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Cybersecurity Law & Strategy
Legal Tech: Cloud and Security Considerations for e-Discovery
Stephen Ehrlich
E-discovery presents some special considerations that need to be examined before deciding what is best for your organization and really taking a stand in the on-premises vs. cloud debate.
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Cybersecurity Law & Strategy
Legal Tech: Cases Highlighting Judicial Discretion in Ordering E-Discovery Sanctions
Mike Hamilton
Three cases from the summer of 2018 reinforce some of the key themes of recent e-discovery case law
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Cybersecurity Law & Strategy
*BREAKING NEWS* Consilio Acquires E-Discovery Solutions Provider DiscoverReady
Zach Warren
Continuing its run of recent M&A activity, Consilio CEO Andy Macdonald said DiscoverReady has been on his radar for managed review he called “head and shoulders” above the competition.
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Cybersecurity Law & Strategy
Securing Each Link in the e-Discovery Chain
David A. Greetham
Cloud service providers to the federal government must meet the rigorous requirements of the Federal Risk and Authorization Management Program. FedRAMP, as it’s known, is designed to help federal agencies follow the government’s “cloud first” policy, and includes detailed and strict encryption and other cybersecurity requirements.
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Cybersecurity Law & Strategy
Blockchain Will Bring Opportunities, Challenges to Legal Discovery
Adam Brill
As more and more data is in blockchains, attorneys will have to interact with it. Blockchain will also become part of litigation without being the central focus as systems move to blockchain implementation. Attorneys will have to take note.
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Cybersecurity Law & Strategy
Legal Tech: Early 2018 E-Discovery Case Law Review: Sanctions and the Reasonableness of TAR
Mike Hamilton
Cases from early 2018 that stand above many others for the impact they will have on both sanctions and e-discovery review processes moving forward.
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Cybersecurity Law & Strategy
Legal Tech: Approaches and Considerations for Discovery Cost Minimization and Recovery
John Koss and Daniel Pelc
The costs of litigation increase with ever more potentially responsive data, litigation technology options, and a truly global reach in the context of much litigation. In response, law firms must continue to consider viable approaches to broaching discussions surrounding the recovery of these costs both within the firm and, more importantly, with law firm clients.
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Cybersecurity Law & Strategy
Legal Tech: E-Discovery Case Digest
Mike Hamilton
A look at key court rulings on e-discovery matters from the winter of 2017-18.
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Cybersecurity Law & Strategy
The Power of Certifications In the Legal Industry
Jared Coseglia
Part One of a Two-Part Article
The key paths and the corresponding certifications available for lawyers — and nonlawyers — to pursue to help successfully administer a career in the legal industry in the coming decade.
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Cybersecurity Law & Strategy
E-Discovery: Streamlining the Admissibility of ESI: Amendments to Federal Rule of Evidence 902
Maureen O’Neill
The new provisions of F.R.E. 902 bring the rule into the digital age, streamlining the process of authenticating electronically stored information and admitting it into evidence.
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Cybersecurity Law & Strategy
A Roundtable Discussion: How Evolving Media Types and Cybersecurity Concerns Are Impacting e-Discovery
In this roundtable discussion, two law firm partners and two GCs share their experience and insight on the evolving nature of e-discovery and its intersection with AI, cybersecurity and privacy.
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Cybersecurity Law & Strategy
Legal Tech: Four Lessons Learned from Exterro’s 4th Annual Federal Judges Survey
Michael Hamilton
For the fourth time, Exterro has conducted an in-depth survey of federal judges in order to understand better how they see e-discovery law and practice changing.
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Cybersecurity Law & Strategy
Who Owns e-Discovery’s Largest Companies?
Zach Warren
A rundown of the owners of 14 large e-discovery companies. Here’s a hint: A whole lot of private equity.
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Cybersecurity Law & Strategy
Online Extra: Catalyst Acquires TotalDiscovery
Zach Warren
The deal will primarily be used to expand Catalyst’s core offering to offer an integrated program, Insight Discovery, that spans the EDRM.
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Cybersecurity Law & Strategy
Online Extra: e-Discovery Pioneer, Judge Andrew Peck, Retires
Ian Lopez
One of e-Discovery’s Most Influential Figures
After over two decades as a magistrate judge for the Southern District of New York, Peck will retire and join DLA Piper.
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Cybersecurity Law & Strategy
e-Discovery: Four Cases Highlighting e-Discovery Trends in the Second Half of 2017
Mike Hamilton
In the second half of 2017, case law served to clarify what does and does not constitute reasonable policies and procedures for preserving information subject to discovery — as well as the risks you run if you fail to follow through on those policies.
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Cybersecurity Law & Strategy
Legal Tech: Peril in Paper: EEOC v. GMRI and the Digital Divide in e-Discovery Sanctions
David Horrigan
There was a time not so long ago when the term “e-discovery” didn’t exist. It was known simply by its legal name, discovery. We’re now entering an era where some observers feel the term will fade into history, returning us back to simply calling it discovery.
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Cybersecurity Law & Strategy
Top Cybersecurity Takeaways from Relativity Fest 2017
April Runft
Cybersecurity is a hydra of complexity. Keeping a grasp on it requires constant re-education. What no one tells you: managing your company’s cyber vulnerability demands a willingness for personal vulnerability. Being honest about our cyber risks is painful. And scary.
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Cybersecurity Law & Strategy
Legal Tech
Circumstantial Evidence vs. Speculation: What Warrants e-Discovery Sanctions
Mike Hamilton
In today's political climate, it has almost become "normal" that people frivolously make speculative statements without any proof that the statement is true. While this may be standard practice in the political world, in court this practice will not be convincing to any judge, especially when making an argument for e-discovery sanctions based on new rule FRCP 37(e).
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Cybersecurity Law & Strategy
Legal Tech
Sedona Conference Releases Finalized Third Edition of the Sedona Principles
Zach Warren
The Often-Cited e-Discovery Guidelines Were ‘Put Through the Ringer,’ and the Result Is Updated Principles and Expanded Commentary for a New Technological Age
Outside of guiding rules of evidence and procedure, the Sedona Principles are perhaps the most often-cited guidelines for handling electronic discovery today. But the Principles had not seen a full-scale rewrite since 2007. Since that time, electronic data sources have exponentially increased and e-discovery itself has morphed into a $10 billion business. The wait, though, has come to a close.
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Product Liability Law & Strategy
New Sources of Discoverable Evidence
Michael Ciaramitaro
Part Two of a Two-Part Article
Last month, the author discussed some of the technologies people are using today, such as fitness trackers and intelligent personal assistants, and the e-discovery implications they entail. Like these, automotive "Black Boxes" and drones could yield important information for those seeking evidence in a legal action.
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Accounting And Financial Planning For Law Firms
Selling the Value of Litigation Support
Stephen Cole
When it comes to practicing litigation, the use of technology is no longer optional. What is optional, however, is under which business model firms deliver this service to their clients, and how to determine which model balances the most value — to the client and the firm.
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Cybersecurity Law & Strategy
Legal Tech
Taking e-Discovery to the Cloud Is the Smart Security Solution
Perry Marchant and Bill Lederer
The cloud might seem like “someone else’s servers,” but major vendors are sensitive to the business need for security, availability and confidentiality. With sensitive, high-value data like that, cloud providers are keenly aware they need to get security right.
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Cybersecurity Law & Strategy
Legal Tech
Four Cases Highlighting e-Discovery Trends in the First Half of 2017
Mike Hamilton
A look at important cases in e-discovery so far this year.
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Cybersecurity Law & Strategy
Are Your Post-Breach Forensic Reports Privileged?
Brian E. Ray
A Trend Is Emerging
The Central District of California recently joined the small growing list of courts that have held forensic reports created by outside security companies following a data breach are protected from disclosure in civil litigation in certain circumstances.
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Cybersecurity Law & Strategy
Legal Tech
Five Ways Legal and Compliance Teams Can Benefit from Office 365 Migration
Jake Frazier and Chris Zohlen
Legal and compliance groups have a lot to gain from features within Office 365, and equal or greater risk if the process is not conducted in the context of strong legal and regulatory guidelines.
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Cybersecurity Law & Strategy
State of the Industry: E-Discovery and Cybersecurity
Jared Coseglia
The Future State of the E-Discovery Job Market Will Be Cloud and Contract Staffing
Part Three of a Three-Part Article
If the history of e-discovery is the future of cybersecurity, then what should one expect for the future of e-discovery? How long will the current period of consolidation continue? What will be the next chapter in e-discovery's never-ending reinvention? How closely will the next 10 years of cybersecurity job trends mirror e-discovery's past?
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Product Liability Law & Strategy
Creating a Legal Event Team
Brian E. Schrader and Barry Schwartz
The Key to Efficient and Effective Corporate e-Discovery
The best way to create a successful business process is to start by identifying the people who are key to both creating and managing that process, and then bringing those people together to do just that. This is especially true when it comes to disaster recovery, business continuity, data breach detection and response.
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Cybersecurity Law & Strategy
Legal Tech: e-Discovery
Solo v. United Parcel Services: A Conversation About Proportionality
Mike Hamilton
Three leading e-discovery industry thought-leaders recap some of the latest case-law and provide their takeaways.
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Cybersecurity Law & Strategy
State of the Industry: e-Discovery and Cybersecurity
Jared Coseglia
Part One of a Three-Part Article
There are stark differences between e-discovery and cybersecurity, most notably that cybersecurity, as an avenue of career opportunity and responsibility, is much, much bigger. An examination of the current state of both industries coupled with a deep dive into the history of e-discovery will offer a prophetic look at the likely hiring patterns, job availability, compensation trends, and industry maturation of the cybersecurity vertical over the next decade.
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The Corporate Counselor
The GDPR
Ryan Costello
Considerations for Corporate Counsel and Discovery Teams
With the EU's General Data Protection Regulation (GDPR) set to take effect in May 2018, the serious implications for corporate legal counsel and e-discovery teams are difficult to deny.
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Cybersecurity Law & Strategy
BREAKING NEWS:
Sedona Conference Releases 3rd Edition of e-Discovery Principles for Public Comment
Zack Warren
The Updates are the First Released Since 2007
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The Corporate Counselor
The New FRCP Is Here to Stay
Bob Rohlf
As expected, there have been several rulings in 2016 interpreting the FRCP e-discovery amendments which took effect in December of last year. This article looks at three cases from the first half of 2016 that highlight the ways in which the new amendments converge with the rising need to preserve new data types, as well as how new e-discovery technology can leverage the new rules to a legal team’s advantage.
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Cybersecurity Law & Strategy
Client Document Security Audits: Is Your Law Firm Ready?
Alvin Tedjamulia
It is essential for all law firms to safeguard their clients’ documents against ever-evolving threats and thoroughly understand the security challenges and potential solutions in today’s demanding world of legal document compliance.
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Cybersecurity Law & Strategy
Legal Tech: e-Discovery: Judge Says ‘NO’ to Party’s Bid to Force Use of Predictive Coding
By H. Christopher Boehning and Daniel J. Toal
Would Judge Peck’s admiration and advocacy for predictive coding lead him, upon a request by the opposing party, to force a responding party to use it against that party’s own wishes? Judge Peck recently faced this issue, putting potential use of predictive coding at odds with established precedent and procedure regarding how to conduct discovery.
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