The E-Discovery Challenge We Need to Start Talking About: Remote Source Code Review
This checklist of controls and capabilities can help counsel pinpoint what must be implemented in order to replicate the protection of in-person oversight in a remote review setting.
March 29, 2021 at 07:00 AM
4 minute read
In intellectual property, patent and trade secret cases, computer source code review is often an evidentiary focal point. It's also one of the most sensitive types of data legal teams handle in e-discovery. Counsel for technology companies are particularly attuned to the sensitivities of a source code review, a process that typically involves a closely-monitored expert reviewer examining source code in a physical inspection room under restrictive controls. But when lawyers, reviewers and expert witnesses were no longer able to work face-to-face due to pandemic-related travel restrictions, liabilities and health concerns, the standard procedures for source code review were taken off the table. Still, cases had to continue.
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