Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Brooklyn District Attorney Eric Gonzalez – Innovative Approach to Safety
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Key Discovery Points: Get Your Copy of the 2025 eDiscovery State of the Industry Report
What are Some of the Concerns With Applying AI to Document Review?
Biggest Benefits of Applying AI to Document Review
All in the Family: What’s Next for Cloud Attachments in eDiscovery?
Bar Exam Toolbox Podcast Episode 302: Listen and Learn -- More on Discovery (Civ Pro)
Key Discovery Points: Even AI Experts Can Get Faked Out
Innovation in Second Requests: Data is Your Greatest Asset
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
How Attorneys’ Views on AI Are Impacting eDiscovery
Key Discovery Points: Get Your Objections In Early – and Keep Your Filings Succinct
Key Discovery Points: Lessons Learned from TikTok’s Redaction Fiasco
eDiscovery Needs Digital Forensics for a Mobile World
Concerns about claims of legal professional privilege over third-party investigation reports produced in the course of responding to cyberattacks, and the extent to which such reports can be shielded from disclosure in legal...more
ComplexDiscovery Editor’s Note: Sandra Joyce’s keynote at the Tallinn Digital Summit 2024 offers a vital look into the shifting dynamics of the cyber threat landscape. As an annual gathering of leaders from the digitally...more
Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical. Below are some DOs and DON’Ts for communicating during a data...more
ComplexDisocvery’s Editor’s Note: This article underscores the growing significance of cyber diplomacy in the context of global security and international relations. As cyber threats become increasingly sophisticated and...more
TransPerfect Legal experts from across the globe sat down earlier this month to discuss the trends that will affect the eDiscovery industry (and all those who use the technology) in 2024. Stefan Nigam (UK), Tom Balmer...more
Feeling seen, but maybe too seen - Stepping off the plane this past August after a long international flight, the last thing I wanted was a lengthy wait at US Customs, the final sentinel between me and a good night’s sleep. I...more
In Short - The Situation: Following a cyberattack on a law firm's systems, the Securities and Exchange Commission ("SEC") subpoenaed the firm for information, including the identity of clients whose information may have...more
With the number of cyber incidents skyrocketing, dealing with a data breach has become an all-too-common experience. In 2022 alone, there were over 500 million cyber-attacks and of these entities over 60 percent were attacked...more
When your organization experiences a cyber-attack, you are not alone. The digital age presents more opportunities for hackers to breach information than ever before. According to the Identity Theft Resource Center, as of...more
A recent decision from a federal court in Pennsylvania highlights the importance of a carefully crafted statement of work (“SOW”) when commissioning an investigative report in response to a data security breach. A convenience...more
Let us assume a company has done all the right things. Preemptive security was a concern, so the company tightened up its written cybersecurity controls and associated technical controls, including policies and...more
Cyber-attacks can happen to any organisation around the globe and when an incident or breach occurs, they must act quickly to determine the extent of the data exposure and notify all individuals impacted by the breach....more
As the D.C. District Court in Wengui v. Clark Hill recently commented, “[m]alicious cyberattacks have unfortunately become a routine part of our modern digital world. So have the lawsuits that follow them….” The court’s...more
On January 12, 2021, the United States District Court for the District of Columbia joined the growing list of courts that have held that reports generated by third-party forensics firms in response to a cyberattack are not...more
The Situation: In an era of sophisticated cyberattacks and data leaks, questions have been raised over whether the doctrine of legal professional privilege ("LPP") should be extended to provide clients with a legal right to...more
Matching Parent Emails with the Document Identifier In Relativity, if the Parent Document ID field does not match the Document Identifier (the control number with a link to a document), email threading will not have been...more
Many different organizations, including those in the legal industry, use blockchain for several business functions. Blockchain allows users to record transactions over a distributed network of computers. The server is secure...more
In the litigation between Equifax and Massachusetts Office of the Attorney General, Judge Sanders rejected certain provisions of Equifax’s proposed protective order for the production of sensitive discovery materials,...more
The number of data breaches is soaring every year. We hear the headlines for the big corporations – like Google, Facebook and Quora – that are affected. But it impacts organizations of all sizes. In fact, the majority of data...more
In a significant ruling addressing the scope of the attorney-client privilege and work product doctrine in a data breach case, a Federal judge in Oregon ordered Premera Blue Cross, the Washington-based healthcare services...more
A magistrate judge in Kansas denied the defendant’s request to conduct discovery of putative class members via a voluntary questionnaire. Plaintiff Hapka filed a class action against home health care provider CareCentrix...more
One of the most significant questions in data security law is whether reports created by forensic firms investigating data breaches at the direction of counsel are protected from discovery in civil class action lawsuits. ...more