News

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

   December 18, 2014

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 ... Read More »

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

   December 18, 2014

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 ... Read More »

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

   December 11, 2014

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 ... Read More »

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

   December 11, 2014

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 ... Read More »

US court’s endorsement of ‘computer-assisted’ privilege review means different things to different parties

   December 4, 2014

While predictive coding has gained significant traction as a faster and potentially more cost-effective method of separating relevant from non-relevant materials, it has generally been paired with good old-fashioned humans, whose eyes and brains have long been trusted to perform ... Read More »

Tips for making your final vendor selection

   December 4, 2014

This article was originally published on the blog of Modus, an ACEDS Affiliate Member and editorial contributor. For more practical tips, best practices and thought leadership, visit discovermodus.com/blog. Other Modus posts republished at ACEDS.org can be read here. Note: This is the ... Read More »

Cloud provider accused of threatening data purge if pay demands ignored

   November 20, 2014

For technophiles, it is a doomsday scenario that gives some credence to the zealots on the corner foretelling the sky is to fall, because for some users of the cloud provider Bitcasa, that end-times condition is allegedly in play. Username ... Read More »

With huge fine, judge pounds alleged secrets thief, and counsel, for spoliation

   November 12, 2014

It is an increasingly rare instance in the age of ill-fated cover-ups of a brazen attempt to ditch evidence – to literally flush it down the toilet when authorities are hot on the trail. Indeed, the facts of this particular ... Read More »

Ethics opinion says lawyers need basic social media knowledge to be competent

   November 6, 2014

On the heels of technology-related amendments to the ABA Model Rules and a proposed California Bar opinion that demands a proficiency-partner-or-pass approach, a new opinion from the Pennsylvania Bar Association has broadened the requirement for competence to the risk-laden realm ... Read More »

Selecting an e-discovery vendor is like buying the right car – but don’t forget about the dealership

   November 5, 2014

This article was originally published on the blog of Modus, an ACEDS Affiliate Member and editorial contributor. For more practical tips, best practices and thought leadership, visit discovermodus.com/blog. Other Modus posts republished at ACEDS.org can be read here. In a sea of ... Read More »