July 9, 2023
Richard Jolly of Northwestern University – Kellogg School of Management explains that many in the legal industry are likely hedgehogs. They are subject matter experts with deep expertise in one area, but in a rapidly changing world, the ability to adapt like a fox is increasingly important.
April 22, 2023
Companies responding to federal subpoenas are responsible for costs unless the costs are "significant" and generally cannot charge for data requests under privacy laws.
August 31, 2021
There is no hard and fast rule. But, there are a few legal arguments to support producing email messages with attachments.
July 31, 2021
5 provisions to include in "clawback" agreements to protect attorney-client privilege and "claw back" privileged information produced in discovery.
December 16, 2020
Parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
October 20, 2020
According to one court, cyber incident forensic reports may lose work product protection if not created "because of" anticipated litigation and disclosed beyond the legal team. If other courts follow, the opinion may impact reports and investigations outside of cybersecurity such as regulatory compliance and HR matters.
October 7, 2020
Implementing a legal hold to preserve relevant information is required upon a credible threat of litigation and preservation efforts must be reasonable. But...sanctions for spoliation of evidence are only available if prejudice is shown.
June 28, 2020
Evidence preservation does not end with a legal hold email. Both in-house and outside counsel are responsible for legal hold compliance.
June 27, 2020
Litigation hold notices are generally privileged, but the privilege may be lost if evidence is spoliated or through use of poor legal hold procedures.