Business Organization Electronic Discovery

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Getting a Handle on In-House E-Discovery Data Management

Many legal professionals are starting to embrace the notion that e-discovery is a business process, which can be measured, managed and optimized. The greatest progress is being seen with “left-side” e-discovery activities,...more

Information Governance: Points from the Professionals

Information governance (IG) is becoming more and more critical to any organization’s success in controlling the sheer mass of data generated in the ordinary course of business. However, determining the best ways to get...more

E-Discovery Preservation Checklist: A Must-Have for Any Corporate Attorney

In most cases, corporate attorneys are removed from the daily e-discovery preservation tasks of issuing, tracking legal holds or managing a document collection. These duties usually fall on a paralegal or litigation support...more

Examining Some Key Corporate Litigation Spending and E-Discovery Trends

I'm a sucker for research, data, charts, numbers, surveys - basically anything quantitative that helps me better understand and explain things. As marketers go, it's pretty obvious to those who work with me that I came up...more

Creating a Consistent E-Discovery Preservation Hold Process

Exterro was founded with the simple vision that applying the concepts of process optimization and data science to the way companies respond to litigation would drive more successful outcomes at a lower cost. The process part...more

Data Security Breach Documents Sought in Home Depot Books-and-Records Suit

Home Depot was recently hit with a books-and-records suit in the Delaware Court of Chancery, Frohman v. Home Depot, which seeks documents relating to the giant retailer’s data security breach last September. The plaintiff, a...more

CorpCast Episode 5: The eDiscovery Big Picture [Video]

Many attorneys view eDiscovery as merely something they “have to do.” On Episode 5, we speak to Ian McCauley, Morris James’ eDiscovery coordinator about jettisoning this and other misconceptions about eDiscovery practice. ...more

Why Legal Directors are Bringing E-Discovery In House

The responsibilities of any corporate law department leader tasked with overseeing e-discovery, whether he or she carries the title of legal director or something similar, revolve around two core business objectives:...more

Cybersecurity Breach: Are Board Members at Risk?

It seems a month does not pass in which some sort of breach of confidential data of a business is not announced to the public. With the increase in cybersecurity breaches, so increases board members’ exposure to litigation...more

Protecting the Identity of Your LLC Members & LP Partners in Litigation, Part II: Strategies for Discovery

You want to protect the identity of your business’ owners, but your opponent issued discovery requesting a copy of your organizational chart and/or information on the identities of your LLC members or LP partners. You are...more

Information Governance and the Converging Roles of the GC & CIO

Even more than e-discovery, information governance (IG) requires a systematic and strategic relationship between a company's IT and legal departments. This collaboration starts from the top, with the CIO and GC serving as two...more

No Captain at the Helm: Information Governance’s Leadership Problem

Effective information governance is about taking information — your most important business asset — and looking at ways to better leverage it in a manner that streamlines the business processes, and reduces costs and risk....more

Data Privacy: The Next Frontier of Corporate Compliance [Video]

Companies are collecting more and more personal data. With that collection is an increased responsibility and the potential for more government regulation. Attorneys Rick Martinez and Seth Northrop discuss the changes that...more

Delaware Data Destruction Law Highlights the Necessity of Data Destruction Plans

The list of states requiring the disposal or destruction of personal data is growing, and companies need to respond accordingly by adopting data destruction plans. Delaware recently became the latest in a series of states to...more

The Uber Playbook: 5 Best Practices for Protecting Data Privacy

The risks are significant if managing sensitive data is not part of a proactive plan—the consequences can include penalties, sanctions and reputational damage....more

Two Tips for Inventors Filing Patent Applications [Video]

The intense patent activity in graphene stems from its enormous technological and commercial potential. But because much of the territory underlying the graphene cross-roads has already been claimed, patenting graphene poses...more

In re Rural Metro Corp. S’holder Litig., C.A. No. 6350-VCL (Del. Ch. Dec. 17, 2013) (Laster, V.C.)

In this memorandum opinion, the Court of Chancery declined to reopen the trial record and granted a plaintiffs’ motion to exclude post-trial evidence proffered by a defendant. In reaching its conclusion, the Court found that...more

Safeguards against Data Security Breaches (Part Two) [Video]

?Are you looking to guard your company's “secret sauce?” Fenwick’s Robert Brownstone says companies should safeguard their data by limiting the number of employees with access to certain confidential information. Following up...more

Three Key Data Retention Questions [Video]

Your company has been sued – what do you need to consider to comply with data preservation requirements? How do you address litigation holds, ediscovery and data retention? Robert Brownstone, litigation attorney and chair of...more

E-Discovery Litigation Holds

Preserving company E-mail that may be relevant in litigation is important for every business. Failure to do so can open a company to liability for breaching the duty to preserve evidence. Sending a notice to employees who...more

Top 3 Concerns in Data Security [Video]

In the video, Robert Brownstone, co-chair of Fenwick’s Electronic Information Management Group, describes how the world of data security impacts every organization regardless of size. He identifies three main areas of...more

Technology: Ethics meets e-discovery

Recent developments in e-discovery put more burden on counsel and implicate the rules of ethics for lawyers. The explosion of electronic files in discovery has caused courts to become more active in affirming and enforcing...more

Technology: Privacy violations are appealing to class action lawyers

The burgeoning field of privacy law presents a tempting target for class action lawyers. Alleged privacy law violations appeal to class action practitioners for several reasons: Consumers are increasingly sensitive to...more

Technology: We Have Met the Enemy, and He is Us

In a prior column, we discussed the inevitability of technology-related accidents occurring at virtually every company. One particularly common mishap is the loss of customer, client or employee data. These data breaches may...more

California Electronic Discovery Act: Part Four

Part Four in a multi-part series on the topic. Searching for evidence in the form of email, text messages and instant messaging is increasingly important in lawsuits. However, requests for this type of evidence during the...more

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