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Legal Hold/Preservation: N.M. Oncology & Hematology Consultants v. Presbyterian Healthcare Servs., 2017 U.S. Dist. LEXIS 130959 (D.N.M. Aug. 16, 2017). In this case, the court declined to impose sanctions for a litigation hold that gave employees discretion when preserving documents, citing no prejudice to the opposing party. However, the court clarified that because data storage is inexpensive, there is less justification to allow employees preservation discretion, and that “the best approach is to implement a server-side hold on all digital data utilized by key employees and to later use search algorithms to parse relevance.”

As new computer-based threats like ransomware attacks, phishing scams and hacking plague law firms on a daily basis, it’s easy to forget about security risks caused by paper documents. In recent years, firms have aspired to a paperless or paper-light law office, but mostly motivated by efficiency, not security objectives. The fact is that paper is downright dangerous to data security and compliance initiatives for the firm, so it’s time to eliminate paper from the law firm’s workflow.

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