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Second Circuit: document review by contract attorneys not "real" practice of law

USA - September 9 2015 On July 23, 2015, the US Court of Appeals for the Second Circuit addressed the question whether contract attorneys hired by a law firm to review…

Kenneth L. Chernof, Trevor R. Jefferies.

Spouses may waive marital privilege by using work email to communicate

USA - March 29 2013 The Fourth Circuit recently held that email communications between spouses sent through an employer's email system could not be considered…

Kenneth L. Chernof, Philip W. Horton.

E-Discovery: A Decisive "NO" - S.D.N.Y. Magistrate Judge Refuses to Order Defendant to Use Technology Assisted Review

USA - August 30 2016 Disputes have increasingly arisen between litigants regarding the use of technology assisted review (TAR) as opposed to keyword searching in…

David J. Weiner, Kenneth L. Chernof, Michael E. Kientzle, Paul Beavers, Tiffany Ikeda.

Stored Communications Act prevents email service providers from complying with subpoenas for content of emails

USA - March 29 2013 A recent Northern District of California decision has restricted the right of litigants to obtain certain information from third-party email service…

Kenneth L. Chernof, Philip W. Horton.

Ethics: They say a secret is something you tell one other person

United Kingdom - October 14 2013 It is easy to let your guard down in certain social situations, but client confidences should never be brought to the party. JK Rowling recently…

Kenneth L. Chernof, Philip W. Horton.