News & Analysis as of

Electronically Stored Information Policies and Procedures

Reveal

Best Practices for eDiscovery in Government Agencies

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Electronic discovery isn't just a concern for big corporations or the large law firms representing them. Government agencies, like the fictional Parks and Recreation Department of Pawnee, Indiana, often engage in eDiscovery...more

Array

This Week in eDiscovery: The Duty to Preserve Ephemeral App Data, Employee Compliance with Electronic Communication Rules

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of July 8-14. Here’s what’s...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

Lighthouse

Emerging Trends in Second Requests

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From increasing regulatory scrutiny to the best way to handle modern attachments, experts share their insights, best practices, and projections to help organizations and law firms prepare for upcoming Second Requests....more

BCLP

Regulators Impose Extraordinary Fine Amounts in Recent Off-Channel Communications Enforcement Actions

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The Securities and Exchange Commission (“SEC”) and the Financial Industry Regulatory Authority (“FINRA”) have, in two separate recent settled enforcement actions involving off-channel communications (“OCC”), imposed fine...more

HaystackID

Shifting Left in eDiscovery: Embracing Secure-by-Design and AI for Enhanced Cybersecurity

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Editor’s Note: In this exploration of cybersecurity in the digital era, the article “Shifting Left in eDiscovery: Embracing Secure-by-Design and AI for Enhanced Cybersecurity” considers the crucial intersection of...more

Husch Blackwell LLP

Avoiding the False Claims Act with Good Cyber Practices

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Since 2021, the Department of Justice (DOJ) has been increasingly focused on adjudicating False Claims Act (FCA) matters for deficient cybersecurity practices. As the government increases scrutiny of data privacy and...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

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

Array

Does Your Litigation Hold Strategy Account for Remote Workers?

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Google recently got in hot water over employees’ cavalier attitudes toward a litigation hold. The tech giant took a largely hands-off approach to preserving internal chats needed for discovery in a lawsuit. Google employees...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

StoneTurn

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

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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

Lowenstein Sandler LLP

Investment Advisers, Broker-Dealers, and Other Financial Industry Participants Take Note: SEC Demonstrates Commitment to...

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On March 15, 2023, the Securities and Exchange Commission (“SEC”) issued three releases proposing (i) amendments to Regulation S-P (“Regulation S-P Proposal”)1, (ii) amendments to Regulation SCI (“Regulation SCI Proposal”)2,...more

StoneTurn

Avoiding Pitfalls in Internal Investigations

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Internal investigations play a critical role in mitigating insider risks, and technology is making the job of investigators easier. Nevertheless, organizations can make missteps that jeopardize the effectiveness of...more

Holland & Knight LLP

6 Million Data Points Per Hour: Preserving Employee Communications in the Metaverse

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Most companies have policies requiring the preservation and storage of work-related communications to comply with various legal requirements, to produce to management for various purposes and to respond to regulators if needs...more

Burr & Forman

Disposal of Medical Information—It’s More Than Just Shredding

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Providers oftentimes ask how long they need to retain certain types of medical information. While there are some general rules regarding the timeframes for retaining medical information, the specific answer varies depending...more

Array

Time to Update (Or Create) Your Litigation Readiness Plan

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Just how confident are you that your company is prepared to tackle whatever litigation comes your way? If your answer is less than “highly confident,” you’re not alone. In its 2022 Global Disputes Forecast, law firm Baker...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

Association of Certified E-Discovery...

[Virtual Event] Operationalizing Data Privacy in Today’s Landscape - October 28th, 12:00 pm - 1:00 pm ET

With ever-evolving privacy regulations and compliance requirements, this session will explore the technologies available for operationalizing and managing your data privacy program. Join Epiq for a discussion on the...more

Epiq

Returning to the Office: Preparing for a Hybrid Work Environment

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In 2020, the COVID-19 pandemic forced organizations to adopt flexible working models, and the legal industry was no exception. However, with restrictions being lifted and vaccines becoming more widely distributed, many...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

Reveal

Start Planning for Data Minimization Under the CPRA

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...Just when we were getting used to the idea of the California Consumer Privacy Act (CCPA), a new law was passed in November 2020, which will supercede it. Fortunately, there is time to prepare since the California Privacy...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

Mitratech Holdings, Inc

Data Governance And Data Management: What’s The Difference?

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A lot of attention is now being paid to the topic of data governance, and what it means versus data management. Within the last few years, data governance has leapt from an esoteric term bandied about only by IT...more

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