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eMerging Solutions to E-Discovery Issues: Assembling the Right Team and...

The explosion of data in our world is almost incomprehensible and requires law firms and their clients to think more proactively about electronic information in the context of litigation and government...

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Do You Have Control? – Document Preservation Obligations

We all know that litigants or potential litigants have an obligation to preserve potentially relevant and discoverable evidence, under certain circumstances, when litigation is reasonably forseeable....

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Retail Ventures Decision: Interpreting Insurance Coverage Regarding Cyber...

Insurance against loss from cyber attacks is proliferating, and a three-judge panel in the United States Court of Appeals for the Sixth Circuit recently found coverage for an insured under a more...

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Technology Outsourcing – Make or Break Contract Provisions

Big data, business intelligence, and cloud computing.  Concepts like these were largely unheard of a decade ago.  Today, complex information management tools like these are stock-in-trade for many...

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Down in the Dumps – The Potentially Costly Consequences of Drowning The Other...

“Data Dumping” — the idea of dumping terabytes of data on the opposing party in discovery.  By now we’re all aware that the practice is frowned upon, if not expressly forbidden.  However, when faced...

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The Stored Communications Act and Document Subpoenas to Cloud Computing...

The continued adoption of cloud computing tools, like web-based email, cloud data storage, and hosted software services, means that important communications will often be maintained by third-party...

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Tight Rope Act: Navigating Employer Discovery Responsibilities in the Bring...

As more companies embrace the bring your own device (BYOD) model, the old adage “what’s mine is yours and what’s yours is mine” is proving more accurate than some in-house counsel might want –...

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The Persistent Paper Check: Why Are Businesses Resisting E-Payments?

The paper check could disappear from the lives of everyday Americans within 12 years, according to researchers at the Federal Reserve of Philadelphia.  In a recent poll, 38 percent of respondents...

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Discovering Cloud Data in Litigation

Your litigation in 2014 will involve requests for production of electronically stored information (“ESI”), and there is a good chance that some of that information is stored somewhere in “the cloud.”...

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Breaking the Seal: Does Using Third Party eDiscovery Vendors Raise Privilege...

We’re not breaking news when we tell you that the exponential growth of electronic documents generated by clients has complicated the discovery process. Reducing this massive volume of information down...

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