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Cybersecurity Law & Strategy
Blazing Saddles or Blazing Trails: e-Discovery vs. Forensic Data Collection — Unraveling the Critical Differences
Ariyah Mandel
Attorneys interested in legal technology, data security and e-discovery must grasp the critical differences between two essential methodologies: e-discovery and digital forensics. This article delves into the contrasting features of these methodologies to help attorneys who engage with legal technology better understand the significance of these differences.
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Cybersecurity Law & Strategy
Legal Tech: TAR As a Reincarnation of Human Review
Igor Labutov, Bishan Yang and Stephen Dooley
This article seeks to provide clarity and context on the different types of AI available in the legal industry today and how the new GPT technology fits into that landscape. More importantly, it will illustrate the potential impact of the next generation of AI on litigation and legal practice as a whole.
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Cybersecurity Law & Strategy
Legal Tech: How Linguistics Can Help With Modern E-discovery
David Olener
Perhaps the effort to get lawyers comfortable with emerging AI technologies needs to start with the fact that they use models constructed by another group of professionals with a different type of mastery of language — linguists.
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Cybersecurity Law & Strategy
Legal Tech: 10 Things I Hate About Your QC Plan
Lauren Tringali and Megan Silverman
It is essential to have a quality control plan to ensure the accuracy and completeness of your review are consistent with the certification requirements of Rule 26(g) of the FRCP. To help make this process smoother, we’ve compiled a list of 10 common mistakes in poorly designed QC plans along with practical tips for developing your QC plan so you can avoid these pitfalls.
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Cybersecurity Law & Strategy
Legal Tech: EDRM Is Getting a Facelift: Version 2.0 Is Coming
Isha Marathe
With proliferating data sources from collaboration apps, cloud technology and innovations like generative AI, along with evolving international data transfer regimes, e-discovery is in a rapid evolution. And the EDRM model is currently in the process of being updated to reflect that.
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Cybersecurity Law & Strategy
Best Practices in Second Request Document Review: How to Execute An E-discovery-Based Plan
Jessica Robinson and Amit Dungarani
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.
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Cybersecurity Law & Strategy
Legal Tech: The Attorney-Client Privilege Purpose Requirement and E-Discovery
Kelly Lavelle
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.
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Cybersecurity Law & Strategy
Best Practices In Second Request Document Review: Eliminating the Fear Factor
Jessica Robinson and Amit Dungarani
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.
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Cybersecurity Law & Strategy
Is Asking E-Discovery Vendors for Indemnification for Data Breaches Provide Security of Clients’ Data?
Cassandre Coyer
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.
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Cybersecurity Law & Strategy
Privilege Logs: Strategy, Best Practices and Practical Advice
Bansri McCarthy, Leonard Impagliazzo and Tara Lawler
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.
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Cybersecurity Law & Strategy
Legal Tech: Twitter’s Future and E-discovery
Cassandre Coyer
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.
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Cybersecurity Law & Strategy
Legal Tech: E-Discovery: Three Key Metrics Critical to Who Wins and Loses E-discovery Talent
Jared Coseglia
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).
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Cybersecurity Law & Strategy
Legal Tech: Duty to Preserve ESI of Hybrid-Driven Collaborative Tools
Kimbrilee M. Weber and Julien M. Baumrin
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.
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Cybersecurity Law & Strategy
Text Messages In E-Discovery
David Horrigan
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.
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Cybersecurity Law & Strategy
Cloud-Based Discovery Is at Critical Mass: A Practical Approach
Kenneth Spencer
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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Cybersecurity Law & Strategy
Dealing With Deleted, Unsent and Edited ESI
Kim Beight Kelly
While text messages and email have the appearance of reliability, technological advances have, over time, rendered many digital communications less static and more open to manipulation.
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Cybersecurity Law & Strategy
Redefining Attorney-Client Collaboration with Technology That Delivers Greater Value
David Carns
If savvy law firm attorneys haven’t done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.
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Cybersecurity Law & Strategy
Cloud-Based Discovery Is at Critical Mass: Here’s Why
Kenneth Spencer
Part One of a Two-Part Series
The legal industry today is experiencing a massive uptick in cloud-based discovery. The shift to remote and hybrid work and changing attitudes toward the cloud are significant factors in the movement to widespread adoption of cloud-based discovery. This article explains the momentum behind the rise of cloud-based discovery and the business reasons why companies will have to embrace it.
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Cybersecurity Law & Strategy
Legal Tech: Can Claiming Incompetence Save You from Spoliation Sanctions?
Eric P. Mandel
A recent opinion in Illinois raises the question of whether spoliating parties should be encouraged to present the following defense at trial: “Ladies and gentlemen of the jury, yes the main evidence of this case has been destroyed, but it’s only because my client and my law firm are completely incompetent when it comes to preserving electronic evidence.”
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Cybersecurity Law & Strategy
Legal Tech: E-Discovery Case Spotlight: Custody and Control of Text Messages and Adverse Jury Instructions on Spoliation
Philip Favro
New e-discovery cases continue to proliferate, spotlighting key trends regarding the handling of ESI in litigation.
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Cybersecurity Law & Strategy
The Slack Explosion: Convenient Yet Complicated, Part 2
Elizabeth Pollock-King
Best Practices to Simplify Future E-discovery
Part Two of a Two-Part Series
Just as the legal industry had to scramble to figure out how to handle email and other electronic documents a couple decades ago, e-discovery practices must once again shift to account for the realities of business being conducted via chat and the massive amounts of new types of data that chat platforms generate.
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Cybersecurity Law & Strategy
The Slack Explosion: Convenient Yet Complicated
Elizabeth Pollock-King
Part One of a Two-Part Series
The informality of chat culture not only makes chat data harder to search, it also results in huge volumes of a new kind of data that must be processed in unique ways before it can be reviewed.
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Cybersecurity Law & Strategy
Legal Tech: Are Websites A Forgotten Source of Evidence?
Glenn Barden
It’s fascinating how quickly the industry has shifted from the days when e-discovery teams would spend weeks digitalizing and coding vellum, microfiche and paper documents to where we are today with dynamic and varied processes to deal with a plethora of electronic sources. Among these are websites, which can provide deep insights in discovery, but have been largely forgotten as a source of evidence.
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Cybersecurity Law & Strategy
Legal Tech: Effective Preservation Measures In Litigation Readiness
Philip Favro
Basic ESI preservation steps, including litigation holds, relevant source checklists, and follow up steps with custodians may not be enough in some instances. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to preservation to better ensure defensibility.
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Cybersecurity Law & Strategy
Legal Tech: The Evaporation of E-Discovery
Leonard Deutchman
The thinking in the legal world regarding e-discovery has so changed that, as with many other ideas and tools that were once novel, those ideas lost their novelty as those in the legal community became comfortable with them and thought of them as simply different ways of articulating ideas and tools long used in the legal world.
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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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