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5 Key Takeaways - Mitigating the Costs and Risks of Source Code and Email Discovery

Kilpatrick’s Dean Powell and Kim Byrd recently presented “Mitigating the Costs and Risks of Source Code and Email Discovery” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions on...more

PLAY IT AGAIN, SAM . . . BUT WAIT – WHAT IS HE PLAYING, AND WHO IS SAM?: Website Session Replay Software and Wiretapping

The trend of class action cases alleging wiretap statute violations against website operators for the use of session replay software to collect information of website users, as our privacy team previously discussed here,...more

And The Truth, or Lack Thereof, Shall Set You Free - PART TWO

Lessons for Litigants - #1 Pay Attention to Your ESI Protocol - As recently discussed by my colleague Nicole Allen, when there is an ESI protocol applicable to a case, parties must adhere to its terms....more

And The Truth, or Lack Thereof, Shall Set You Free - PART ONE

Discover. According to Merriam-Webster, this term means “to make known or visible” or “to obtain sight or knowledge of for the first time.”[i] In the context of litigation, the process of discovery is intended to make known...more

So, Are the Gates Up or Down?: Liability under the Computer Fraud and Abuse Act in Van Buren v. United States and Your Business

Seeking to resolve a split among the Circuits “regarding the scope of liability under the [Computer Fraud and Abuse Act]’s “exceeds authorized access” clause, the Supreme Court granted certiorari to the appeal of Robert Van...more

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