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June's Notable Cases and Events in E-Discovery
  • Sidley Austin LLP
  • USA
  • June 19 2017

A U.S. Supreme Court ruling that a federal court exercising its inherent authority to sanction bad-faith conduct by ordering a litigant to pay the

Attorneys’ Professional Duty of Care When Representing Clients in Litigation or an Investigation Requires Higher Technological Literacy
  • Baker & Hostetler LLP
  • USA
  • June 14 2017

The legal practice and technology go hand in hand, and a solid understanding of technology is crucial to satisfy the ethical duties owed by attorneys

Court Finds Work Product Doctrine Protects Data Breach Records
  • Thompson Hine LLP
  • USA
  • June 8 2017

One of the risk management concerns endemic to data breach responses is the potential discoverability of the forensic and other investigations

Too many objections draws deposition sanctions from district court for frustrating fair exam
  • Thompson Hine LLP
  • USA
  • June 1 2017

We’ve written before about deposition conduct that crosses the line between valid advocacy and sanctionable misconduct. Here’s the latest example, in

Court Applies Work Product Protection to Breach Investigation Reports
  • Shook Hardy & Bacon LLP
  • USA
  • May 21 2017

One of the most significant questions in data security law is whether reports created by forensic firms investigating data breaches at the direction

Three Considerations of Document Proposal
  • Dentons
  • USA
  • May 18 2017

Reviewing and revising a law practice's document retention and disposal practices is an aspirational goal for many law firms. Indeed, setting such a

Second Circuit Holds Data Breach Class Action Plaintiff Lacks Sufficient Injury to Support Standing
  • McGuireWoods LLP
  • USA
  • May 10 2017

Last Tuesday, the Second Circuit Court of Appeals affirmed the district court’s dismissal of a putative class action filed against a merchant in

Share With Care: US Court Finds Attorney Client Privilege Waived Through Use of Cloud Sharing Site
  • Baker McKenzie
  • USA
  • April 24 2017

Practicing law in a time when information sharing technology is rapidly evolving poses significant challenges, especially with respect to an area of

Preserving Attorney-Client Privilege, Work-Product Protection During Internal Investigations
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • April 19 2017

When companies conduct investigations that remain strictly internal, maintaining confidentiality is straightforward. But many investigations are

Sharing Legal Communications With PR Firm Raises Privilege Issues for Hospital
  • Pepper Hamilton LLP
  • USA
  • April 13 2017

A recent case in Pennsylvania reminds companies to think carefully about sharing their attorney-client communications with third parties, such as