General Business Science, Computers & Technology Electronic Discovery

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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

Expanding Cybersecurity Safeguarding Requirements, Reporting Obligations, and Cloud-Based Security: A Brief Guide to Understanding...

The United States Department of Defense promulgated an “interim” rule, effective August 26, 2015, which placed imposing and costly burdens on all DoD contractors and subcontractors (including small businesses and commercial...more

Lessons Learned from Target’s Data Breach Discovery Win - Five Strategies for Maintaining Privilege in the Aftermath of a Data...

A thousand questions immediately flood any lawyer’s mind when they first hear that their client may have been affected by a data breach. How did it happen? What data were affected? Was there any personal information affected,...more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

Back to School: A Primer on Cross-Border Discovery Issues

In September, the Sedona Conference released its latest publication on e-discovery matters, Practical In-House Approaches for Cross-Border Discovery & Data Protection, for public comment. The publication addresses a number of...more

Client Alert: Sex, Money and Cybersecurity - Reminders for Public Companies

Recent events have highlighted the importance of comprehensive cyber-security programs for publicly-traded companies. Although the circumstances differ, in each case the impact of employee behavior with electronic...more

Pardon the “Intrusion” – Cybersecurity Worries Scuttle Wassenaar Changes

Companies concerned about their cybersecurity posture can breathe a small sigh of relief, as the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently announced it was scrapping plans to implement new...more

New survey shows continued lack of executive confidence in cybersecurity and increases in data loss

A new survey released by Raytheon and websense, called “Study-Why Executives Lack Security Posture Confidence While Knowing that the Metrics They Use to Gauge it are Ineffective” “reveals that confidence in [executives’]...more

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

Assuring Regulatory Compliance Doesn’t Get Lost in Translation

With the expansion of large multinational corporations into developing countries such as Russia, Brazil, India, Mexico and China, a proliferation of global regulatory enforcement actions, including anti-bribery and...more

Streaming At The Edge Of The Law

One of this year’s themes at the South by Southwest (SxSW) festival is “Surviving the Shift: Rethinking Music and Data.” The music industry is transforming itself as the trend in buying music shifts from digital download to...more

Business information and data processing: tidbits on the draft Code of Conduct

On March 11, 2015 the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Italian DPA“) initiated a public consultation on the draft Code of Conduct concerning the processing of personal data...more

Taking a Forward-Looking Approach to Enterprise Risk Management

Traditionally, organizations have taken a backward-looking approach to risk, evaluating potential hazards on a siloed, departmental basis after a loss of assets. Organizations often take few proactive steps to detect risks,...more

2014 Information Governance Year in Review

2014 has been perhaps the biggest year Information Governance (“IG”) has seen. A relatively small and, if not unknown, at least undefined field only a few years ago has grown into an area of interest—and concern—to many...more

Don’t Be the Next Data Breach Target

As the much-publicized data breaches of the last year reveal, third parties are often the gateway to an organization’s data. As repositories of vast amounts of confidential client data in e-discovery, such as personally...more

Data Center Contracts: Privacy and Security Terms

A sometimes overlooked but potentially significant liability exposure for any company that uses the “cloud” to remotely store, process or distribute data is the service provider contract between the company user and its data...more

5 Questions You Should Ask about Big Data Security and Ediscovery

In the era of big data, vetting and asking the right security questions can help your organization save money and have peace of mind when it comes to ediscovery. Below is a general overview of some of the most important...more

How EU data protection laws impact cross-border FCPA investigations

EU data protection laws apply to "personal data" in the broadest sense. For instance, a business email sent by an employee from the office constitutes "personal data" as long as the email directly or indirectly identifies an...more

Are you—or someone you love—a content hoarder?

Hoarding is defined clinically as embodying “a persistent difficulty discarding or parting with possessions because of a perceived need to save them.” That accumulation occurs regardless of the actual value associated with...more

Fitting a Solution to Meet the Needs of a Workflow In-House

Your law firm just purchased a license for e-discovery software. Now what? Software implementations can be a substantial challenge for a variety of reasons, including lack of executive buy-in, poorly defined requirements,...more

Cloud Computing Is a Hot Topic… in Business and the Courtroom

Cloud computing sales are poised to triple by 2017, according to IHS Technology. With growth comes competition and the potential for disputes, both intellectual property-related and otherwise. This article surveys some of the...more

Avoiding the Digital Dark Age and Remaining Competitive

In today’s business environment, information is a powerful and valuable asset. Organizations that use information wisely and strategically can reach customers faster and with more precision. But in today’s highly regulated...more

Avoiding Litigation: What Every Growing Company Should Know Now — Before It Is Too Late

The growth of business opportunities in the Bakken region is impressive and looks to continue on an upward trajectory for years to come. Companies that might have been small—or non-existent—just 5 years ago are growing at a...more

Are You Facing the Prospect of a Merger Investigation?

If your organization is facing the prospect of a merger investigation and your lawyers haven’t raised the prospect of technology-assisted document review (“TAR”), then maybe you should be talking with someone...more

Obtaining German Works Council Approval to Collect Employee E-Mail and Electronic Documents Using EnCase® Enterprise and EnCase®...

German companies sometimes are required to collect data for legitimate business purposes, including for compliance, to investigate malfeasance, for adjudication of claims and to protect personal data of customers from misuse....more

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