November 24, 2021
Use of the cloud and SaaS implicates legal ethics rules requiring protection of client confidences and due diligence into third parties.
August 31, 2021
There is no hard and fast rule. But, there are a few legal arguments to support producing email messages with attachments.
August 26, 2021
Compelling a forensic examination of a computer hard drive generally requires a showing of discovery misconduct by the device owner.
July 31, 2021
5 provisions to include in "clawback" agreements to protect attorney-client privilege and "claw back" privileged information produced in discovery.
March 23, 2021
Most states now require attorneys to keep up with technology as part of the duty of competent representation (an addition to MRPC 1.1).
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.
September 23, 2020
Companies responding to federal subpoenas are responsible for costs unless the costs are "significant" and generally cannot charge for data requests under privacy laws.