Corporate Counsel | Expert Opinion
By Gabriel Buigas | February 6, 2018
The “digital transformation” of legal services involves the application of technology-enabled efficiencies, process optimization and appropriate resource mix to the delivery of legal services to maximize client value, both in terms of costs and business impact.
The Legal Intelligencer | Commentary
By The Legal Intelligencer | February 6, 2018
In the Legal's E-Discovery supplement, read about possession, custody or control; preserving wearable data and how when it come to ethics and e-discovery, attorneys must stay current.
By John A. Greenhall, Anthony L. Byler and Kathleen M. Morley | February 5, 2018
Attorneys are bound by developing ethical rules and duties relating to e-discovery. These rules and duties deserve emphasis because courts, and clients, are increasingly concerned about the manner in which attorneys conduct discovery and, particularly, e-discovery.
The Legal Intelligencer | Commentary
By David R. Cohen and Todd R. Fairman | February 5, 2018
Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions?
The Legal Intelligencer | Commentary
By Joseph Francoeur, Michelle Vizzi and Sade A. Forte | February 5, 2018
Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while also raising concerns about consumer privacy rights.
The Legal Intelligencer | Commentary
By Tess Blair and Tara Lawler | February 5, 2018
The perennial question of “possession, custody or control” may become more complicated in light of the U.S. Supreme Court recently granting certiorari in the landmark case of In the Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft. Companies will need to watch for this decision and its potential impact on discovery and information governance when data crosses borders.
By Bruce Hedin and Michael Morneault | February 2, 2018
Years after Judge Andrew Peck declared it to be “black letter law” in 'Rio Tinto', technology-assisted review has finally entered the mainstream among a growing suite of technology-driven e-discovery tools. It is taking a bit longer, however, for practitioners to fully recognize that document review over large data populations is an information retrieval task.
New York Law Journal | Analysis
By Barry Temkin and Atea Martin | February 2, 2018
While abundant publicity has accompanied spectacular data breaches at Equifax and Yahoo, less attention has been paid to cybersecurity at law firms. This, however, is changing, as cybersecurity events, including hacking, are on the rise at law firms.
By Caroline Spiezio | January 31, 2018
According to new data from EY, as the GDPR implementation date draws near, many companies are still less than prepared.
By Ben Hancock | January 31, 2018
It's the defining buzzword of this year's conference, but the legal profession is still parsing what it means and how it will affect what lawyers do. Here are three takeaways.
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