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ACEDS Analysis and Guidance

Sony’s ‘epic nightmare’ spawns first breach suit claiming knowing corner-cutting

There are two kinds of organizations, the old security wonk maxim goes — those that have been hacked, and those that don’t know they’ve been hacked. Sony Pictures Entertainment, for four weeks or so, has been of the former camp, attempting to squelch a firestorm of bad publicity that is set newly ablaze with each foul-mouthed revelation… Read more

Documentary disclosure requirements under Canadian Anti-Spam Legislation: Responding to a notice to produce

You have prepared for the Canadian Anti-Spam Legislation (CASL). Now what? Will your organization be the next recipient of a Notice to Produce (“Notice”) in an investigation by the Canadian Radio-Television and Telecommunications Commission (“the CRTC”) – the principal regulator responsible for CASL? Organizations across Canada must now prepare to respond to production requests as the… Read more

Expert's Corner

What is a near-dupe, really?

By: Dr. Bill Dimm | CEO | Hot Neuron LLC Date: Wednesday, August 14, 2013 This article was first published at, and is republished here with the permission of its author. When you try to quantify how similar near-duplicates are, there are several subtleties that arise. This article looks at three reasonable, but different,… Read more


The court as gatekeeper: Preventing unreliable pretrial e-discovery from jeopardizing a reliable fact-finding process

This article first appeared in the December issue of the Fordham Law Review. It has been republished here with the permission of the publication and its author.  Introduction  Over the past several years, a significant legal debate has evolved over whether the predicates outlined in Federal Rule of Evidence 702 and interpreted by Daubert v…. Read more

On eve of retirement, leading e-discovery judge asks, Why, oh, why don’t lawyers know this stuff?

US magistrate Judge John Facciola finds himself in an enviable position. Days away from retirement, the veteran jurist whose leadership has shaped the way e-discovery is approached, performed and governed by law, is surrounded by a chorus of experts singing his praises and reflecting fondly on his myriad career achievements – all the best speeches… Read more