Shoring Up Law Firm Data Security

The perils of inadequate data security practices have been splashed across the headlines throughout 2015, from the Sony computer network hack to the recent revelations on Hillary Clinton’s email practices. Given the increasing scrutiny on data security, it should not come as a surprise that companies are examining a previously overlooked link in the data…

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The FCPA and its Nexus with Foreign M&A Ventures

The Foreign Corrupt Practices Act (FCPA) has been in the headlines a lot lately. First there was Alstom S.A.’s massive $772 million settlement, then Avon’s $135 million settlement, all culminating with the FBI’s announcement that it was tripling the number of investigators working on foreign corruption. Many of these headlines seem to follow the general fact pattern…

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Prioritized Review is Far from New

When I started working on large discovery projects as a junior associate, we didn’t have predictive coding or TAR. We didn’t refer to ESI or even eDiscovery, and the EDRM diagram had yet to be imagined. But we did conduct prioritized review.   Banker’s boxes loomed large in our daily lives in the 1990’s. Review…

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Bring Your Own Cloud Rains Down New Challenges

Our readers are well versed in the legal challenges of BYOD and cloud discovery, and now emerging cases address the combination thereof: BYOC (also known as dark clouds). How should attorneys handle the discovery of responsive, corporate documents stored in a non-corporate, personal cloud? Can litigants be sanctioned for missing a dark cloud and what process are jurists looking for? As…

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Q & A with Legal Technology Expert Nicole Black

With approximately 20 years of experience in the legal field, Nicole Black is a “go to” expert on legal technology matters. In addition to her published work, Nicole also frequently speaks and attends legal technology conferences. I was fortunate to catch up with Nicole recently and got her opinions on how technology is transforming the…

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Continuous Learning In Predictive Coding: More Than Just Nomenclature

I am not a car person, but I know I want airbags. They are required safety features. They are an accepted standard at this time. I also want a great and flexible driving experience, but the choices there are frankly kind of confusing. Do I want a Touchtronic, Switchtronic, or Comforttronic transmission? Will I be happier…

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ESI Preservation Lessons from New eDiscovery Rulings

The stream of court cases discussing poor or non-existent ESI preservation practices continues unabated in 2015. Such a trend is noteworthy on a variety of levels, not the least of which is that many clients and counsel have yet to master basic eDiscovery functions. Illustrative of this trend are Fidelity National Title Insurance Company v.…

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New Cases Provide Guidance on Social Media eDiscovery

Social networks continue to be a particularly ripe source of relevant ESI in eDiscovery. With the continued proliferation of case law, key trends are emerging and providing guidance regarding the production and preservation of social media. One of those trends – the need to prepare and respond to narrowly tailored discovery requests – has been…

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Ending the Debate on TAR Seed Sets

Judge Peck’s bold Rio Tinto opinion seeks to put outdated predictive coding controversies to rest once and for all. So why are we still talking about disclosing seed sets for TAR? Here are three reasons to finally end this debate.

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Q & A with eDiscovery Expert Karin Jenson

One of the leading lights in the eDiscovery industry is undoubtedly Karin Jenson. As the national leader of BakerHostetler’s E-Discovery Advocacy and Management practice, Karin’s discovery bona fides are both well established and widely acknowledged. Karin is frequently in demand on the eDiscovery speaking circuit and regularly writes for her firm’s blog, Discovery Advocate. Rather…

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