An important word has been missing from much of the talk about Alex Jones: Ediscovery. But ediscovery is where it all went wrong in the fiasco of his case. In a bizarre twist of events that are even “too dumb” for a Law...more
The dramatics of the Alex Jones trial have many litigators stirring about inadvertent disclosure of privileged information and what needs to be done to properly claw it back. The sheer volume of discovery that is exchanged...more
Innocent mistakes are an unfortunate reality in our fast-paced, technology-driven society. But an employer does not have to tolerate an employee doubling down on his mistake by deceiving his employer and actively impeding an...more
In a Privacy Peril last month we noted steps you can take to lockdown your Facebook account so you are not inadvertently sharing data with unintended third parties. While recent revelations have disclosed how extensively...more
In the event of an inadvertent disclosure of documents (electronic or otherwise), an attorney is ethically obligated to promptly notify the sender of the attorney’s receipt of the documents. It is then up to the sender to...more
The Defend Trade Secrets Act (“DTSA”), signed into law last year by President Obama, revolutionized intellectual property law by creating a new civil cause of action permitting trade secret owners to sue for misappropriation...more
The law firm that inadvertently produced records containing personally-identifying information (“PII”) relating to 50,000 Wells Fargo customers in response to a third-party subpoena, which we first reported on, went before a...more
Joint Clients — Confidentiality — Right to See Clients' File - New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15) - Risk Management Issue: In a joint client representation, if one...more
We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more