By Michelle Six and Vanessa Barsanti | January 29, 2021
There are a wide range of potential challenges that arise when negotiating an ESI agreement, but here the authors examine some of the more common issues encountered and provide practical tips to help address these considerations.
By Andrew Peck, Jennifer Feldman, Leeanne Mancari and Dennis Kiker | January 29, 2021
This article provides a framework for making defensible deletion an attainable goal. If the process has been well-planned, executed, and documented, the risk of sanctions for inadvertent spoliation of evidence is slight.
By Karen Sloan | Zack Needles | January 15, 2021
Latham & Watkins litigation chair Michele Johnson shares her predictions for 2021 and discusses what courtroom technology changes may stick around beyond the pandemic.
New York Law Journal | Analysis
By John C. Browne and Jeremy P. Robinson | December 29, 2020
In this article, the authors note the COVID-related rise to prominence of video depositions, outline various key considerations and argue for their continued relevance in a post-quarantine world.
By Paul Ferrillo | December 11, 2020
Threat actors have changed their playbooks to become more effective and it is time we do the same.
New York Law Journal | Analysis
By Christopher Boehning and Daniel J. Toal | November 30, 2020
The Sedona Conference has offered updated and useful resources that address the realities of modern e-discovery practice, which H. Christopher Boehning and Daniel J. Toal discuss in this edition of their Federal E-Discovery column.
By Ross Todd | November 12, 2020
In a privacy class action involving Google and its Chrome browser, lawyers at Boies Schiller Flexner filed a brief Tuesday on behalf of the former Democratic presidential candidate saying recently passed state laws make it clear that California consumers have a property interest in their own data.
By Ross Todd | November 9, 2020
San Francisco defense attorney Adam Gasner's client, identified in court papers as 'Individual X,' last week handed over a trove of Bitcoin hacked from the long-shuttered online black market Silk Road and walked away a free person.
New York Law Journal | Analysis
By Eric B. Stern and Andrew A. Lipkowitz | November 4, 2020
An enforcement action brought by the New York Department of Financial Services against First American Title Insurance Company alleging that the company breached the DFS's cyber regulations raises significant questions regarding whether the targets of such actions are afforded insurance coverage, and in particular, whether affording such coverage would be consistent with New York public policy.
New York Law Journal | Analysis
By Mark A. Berman | November 2, 2020
With regard to conducting depositions in the age of COVID-19, the question often becomes: Does the party seeking the deposition during the current health crisis, over objection, get to determine the means by which a deposition will be taken? In his State E-Discovery column, Mark A. Berman discusses the few New York state cases that have addressed the issue of remote depositions.
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