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Amendments to ESI Spoliation Sanctions Seek to Create Uniformity in Federal Courts

Federal Rule of Civil Procedure 37(e) sets forth the requirements for the retention of electronically stored information ("ESI") and the corresponding sanctions available to remedy the loss of ESI. New amendments to Rule...more

#LTNY16: That’s a Wrap!

Whew! After three electrifying (and tiring) days, Legal Tech New York 2016 is in the books! For those of you that experienced the show first-hand, we don’t have to tell you that this year’s conference was another...more

Groundhog Day: Don’t Get Stuck When Collecting New Data Types

February 2nd is Groundhog Day, and while we all know of the tradition of Punxsutawney Phil’s famous shadow forecasting the arrival of spring, many of us can’t help but think of the 1993 film starring Bill Murray. In it, he...more

Judge v. Attorney: Exterro Releases its 2nd Annual Federal Judges Survey

The digital age is sweet. The things that are a part of everyday life today were only sci-fi realities a few years ago. But the problem that comes with any age of advancement is the need for debate and analysis. Too often,...more

The Life-Changing Magic of Information Governance: Cutting Costs and Mitigating Risk with IG

The New Year brings fresh starts, and most of us, after a season of giving and receiving, parties and celebrations, are feeling the need to take stock and streamline our lives. In the bestselling book, The Life-Changing...more

E-Discovery is not a Spectator Sport: New Survey Results for the Top 5 Most Controversial E-Discovery Issues

It's not often that we feel our voice is heard. Most of the time, when we offer a point-of-view, it's either lost in a cacophony of blowhards, know-it-alls, and trolls or it comes flying back at us unanswered, as if we're...more

A New Hope: 5 Star Wars Quotes That Help Your E-Discovery Process

Yes, I’ve already purchased my opening day tickets to see the latest installment in the Star Wars saga. Ever since I was 3 years old, I’ve been an avid fan through the best of times (Empire Strikes Back) and the worst of...more

Good Ol’ Tin Lizzie: The Automation and Streamlining of the E-Discovery Process

Early December must have been a good season for Henry Ford: on December 1st, 1913, the world’s first moving automotive assembly line started rolling at his Hyland Park factory, and just two years later on December 10th, 1915,...more

A Veritable Feast: E-Discovery Tools and Resources for the Holiday Season

Thanksgiving is a time of reflection, for looking back on the challenges of the previous year and recognizing all those who supported us through them. It’s also a time of preparedness. Yes, most people see Thanksgiving as the...more

Benchmark surveys: GCs, Executives Not Prepared to Defend Against Cyberbreaches - Key Protective Steps

Although cybersecurity has become a more prominent issue for executives and boards of directors, three recent benchmark surveys - the BDO Board Survey, the 2015 Consero Group’s General Counsel Data Survey, and the 2015 US...more

It’s Called Sputnik!: Don’t Fall Behind in the E-Discovery Space Race

This week marks the 58th anniversary since the launch of Sputnik II, the first spacecraft in history to carry a living animal—a dog named Laika—into Earth orbit. But the Sputnik program, which began the space age in 1957,...more

Data Breach Planning in 10 Easy Steps: How to Think Like A Litigator

For the first Tuesday in November, we have 10 easy steps to make sure that your data breach incident response planning is viewed from that pesky point of view of a litigator....more

Board Participation in Cybersecurity: What More Needs to Be Done?

High-profile data breaches seem to hit the headlines almost every day. These breaches have proved terrifying for many companies, particularly as the attackers release embarrassing emails and other information. The frequency...more

Finding the Smoking Gun: 4 Search Tips for Quickly Finding Relevant Documents

In a recent survey conducted by Exterro, 39% (the largest group of respondents) said that searching through large amounts of data was the biggest obstacle they face in locating responsive data. To help legal professionals...more

5 Tips for Quickly Identifying Responsive Data Sources for E-Discovery Collections

Working with IT or your service provider to collect/process from a variety of data sources, like email archives, file shares, legacy backup tapes, SharePoint, etc., can be a painful and complicated ordeal. You don’t...more

Two Reasons Why You Should Take Your Lit Support Manager to Lunch!

When we think about the people who are involved in the task of identifying, assessing, collecting, reviewing and producing data (we’ll call this “data management”), there’s someone from Legal, someone from IT who has an...more

The Social Engineering Cyber Exposure [Video]

From the 2015 PLUS Professional Risk Symposium session “Bitcoins, Phishing…When is Cyber Crime ‘Just’ a Crime?” Scott L. Schmookler, Esq. (Gordon & Rees) and Steven Balmer (Travelers Bond & Specialty Insurance) discuss the...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

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

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

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