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Discovery Policies and Procedures

CloudNine

Efficient Text and Chat Data Discovery Starts with Information Governance (IG)

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When it comes to ensuring that data is preserved and available for litigation, investigations, or government inquiries, it all starts with establishing and codifying clear data governance policies and procedures....more

EDRM - Electronic Discovery Reference Model

Navigating a Shifting Landscape

An Interview with Dr. Maura Grossman by Kate Halloran - What do you recommend that law firms focus on when developing policies around the responsible use of AI? Firms must have a very clear idea of the scope of permissible...more

CloudNine

6 Key eDiscovery Tips from Master’s Conference New York

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Imagine a day-long gathering of the pantheon of east coast-based eDiscovery experts, with an agenda replete with the hottest topics in eDiscovery, change management and AI, and you have last week’s Master’s Conference in New...more

A&O Shearman

Overcoming eDiscovery-related chat data challenges: Part 2 - prior to an investigation

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This post provides some tips from eDiscovery experts on what to consider ahead of any investigation commencing. Consider ease of compliance when procuring chat software The pandemic accelerated the adoption of chat and...more

Fisher Phillips

AI Notetaking Tools Are All the Rage – But Should You Use Them? Employers Should Weigh These Risks First

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Perhaps you’ve asked an employee to take notes during a Zoom meeting, but they complained the task is difficult to manage while collaborating with teammates. Maybe you intended to document everything that transpired during an...more

Association of Certified E-Discovery...

How To Assess Your Information Governance Program

eDiscovery professionals are information professionals and vital to that broader community. Working within the broader context of your organization, it becomes critical to have an information governance program in place to...more

Goulston & Storrs PC

The Perils of Informal, Online Communications

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Nordo Nissi, Head of Electronic Discovery and Litigation Technology at Goulston & Storrs, recently sat with the Corporate Counsel Business Journal to discuss key points for companies to consider around the use of informal,...more

StoneTurn

eDiscovery and Forensic Investigations: Six Tips for Managing Company Messaging Protocols

StoneTurn on

The world of workforce communication looks vastly different from 2020, including an increased blur between personal and business communications due to remote work environments and access to instant messaging and...more

American Conference Institute (ACI)

The Role of Artificial Intelligence in Ephemeral Messaging

As U.S. regulators and enforcement authorities alike become increasingly focused on corporate oversight practices of their employees' use of third-party messaging applications, including ephemeral messaging, companies should...more

Butler Snow LLP

Warning: No Fishing Allowed! – Pt. 2: No, They Can’t Catch Cell Phones Either

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Previously, we analyzed the proper scope for discovery requests that asked for employee drug and alcohol test results.  In this article, we analyze a far more potent discovery substance—cell phone data....more

Reveal

Conducting Internal Investigations in the US vs. the UK: key differences & best practices

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These days, companies are investing more effort in conducting thorough internal investigations to root out and resolve issues of misconduct and prevent their recurrence. There are many factors behind this trend. With the rise...more

Fox Rothschild LLP

New Amendments to the North Carolina Business Court Rules

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By Order dated June 15, 2022, the Supreme Court of North Carolina has approved amendments to the North Carolina Business Court Rules. Effective July 1, 2022, the Amended Rules will apply to all cases before the Business Court...more

Proskauer - Minding Your Business

The Sound of “Silent Attorneys”: DOJ Alleges Google Fakes Attorney-Client Privilege by CCing Lawyers Who Never Respond

If a request for legal advice goes unanswered, is it really a request for legal advice? According to the U.S. Department of Justice and several state attorneys general (“DOJ Plaintiffs”) in an antitrust action against...more

Reveal

Electronically Stored Information (ESI): What Legal Teams Need To Know

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Anyone who reads about digital investigations is bound to run into the term ESI. Electronically Stored Information is often used interchangeably with ‘data’. For the most part, this is done with the goal of being more...more

Davies Ward Phillips & Vineberg LLP

COVID-19 and the Courts: What You Need to Know - Updated December 2021

Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. As waves of infections have spread throughout Canada, its courts have fluctuated between resuming activities...more

Farrell Fritz, P.C.

Boilerplate Objections And Discovery Games Require Little Effort But Result In Big Sanctions

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Bursztein v Best Buy Stores, L.P., (2021 WL 1961645 [SD NY 2021]) involves a personal injury lawsuit arising from plaintiff Perla Bursztein’s slip and fall accident in a New York City Best Buy store...more

Goodwin

Biogen Inc. Wins Some, Loses Some, in Delaware Chancery Court Corporate Records Suit

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Biogen Inc. Wins Some, Loses Some, In Delaware Chancery Court Corporate Records Suit; Southern District of Florida Dismisses Securities Fraud Class Action Against Norwegian Cruise Lines Stemming From Alleged Impacts of...more

Dechert LLP

Ninth Circuit Adopts “Far Simpler” Standard for Title IX Claims: Student’s Case May Proceed to Discovery When Alleged Facts Raise...

Dechert LLP on

Key Takeaways - - The Ninth Circuit’s recent decision in Schwake v. Arizona Board of Regents is the latest to highlight the need for fair process in college and university disciplinary proceedings involving sexual...more

Association of Certified E-Discovery...

[Webinar] Are You Spending Too Much on E-Discovery? New Innovative Techniques to Minimize Spend - April 21st, 1:00 pm - 2:00 pm ET

As budgets get tight, it's imperative that legal professionals think of new innovative techniques to minimize legal spend. E-Discovery offers a unique opportunity to drastically reduce legal spend with modifications to how...more

Hanzo

Collaboration Platforms: Great for Collaborating, Problematic for Ediscovery and Compliance

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Most knowledge work these days demands some form of collaboration. You draft a document; your colleagues comment on it and make suggestions for how it could be better. You chat on Slack about how to incorporate those...more

Kilpatrick

Information Governance and its Role in E-Discovery

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What is Information Governance? The Electronic Discovery Reference Model (“EDRM”) commences with the Information Governance (“IG”) stage (see the image below). While the term sounds quite formal, with respect to...more

Jones Day

Board Practices in the Digital Age: Beyond Corporate Housekeeping

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The Background: Technology has transformed the way that directors receive and review information and communicate with each other and with management. The Issue: Although many modern board practices are more secure and...more

Steptoe & Johnson PLLC

Providers Beware: Take Care When Producing Mental Health Records in Response to Nonparty Subpoenas

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A recent decision by the Supreme Court of Appeals of West Virginia draws a sharp line of distinction for hospitals responding to nonparty subpoenas against the unauthorized disclosure of confidential mental health records. In...more

Searcy Denney Scarola Barnhart & Shipley

E-Discovery — Setting standards, not cover

The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do....more

Winstead PC

Use of Company Policies To Establish The Violation of A Fiduciary Duty

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Plaintiffs often seek discovery on a financial institution’s policies and procedures with an eye towards using that evidence against the institution. If a financial institution’s representative or representatives did not live...more

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