Data and Technology

Kangaroo Court

Kangaroo Court: Profit & Loss: Monetizing your Legal Data

Litigation for the claimant is money to be won. This is the strongest business case for improving legal data intelligence. Creating workflow efficiencies and reducing legal spend are important insomuch as we continue to think about legal and compliance as just a cost center within the organization. Arguments for reducing risk are valid, but they …

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One Ethics Rule Leads to Another: Technology Competence and the Duty of Supervision

There are two ways lawyers can satisfy their ethical duty of technology competence. One way is by learning about technology and becoming more proficient in the use of legal tech tools. The other is by working in association with tech savvy lawyers and legal professionals. From an ethics standpoint there is a key distinction between …

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Departing Employees, Data Theft, and Digital Forensics

In late 2019, it was reported by Infosecurity Magazine that 72% of former employees admitted taking company data with them upon departure. Determining what actions a former employee took on a company device leading up to their departure can help assist in determining if company data was stolen or misappropriated. Did the departing employee retire or leave …

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Legal Tech: The Intersection of E-Discovery and Cybersecurity: You’ve Come a Long Way, Baby

Data is an asset and a liability. It fits into both accounting columns and will not fail to be used against a corporate entity if not secured properly. Databases contain trade secrets, personally identifiable information, HIPAA-protected health care information, proprietary information and classified data. They also house sensitive information and evidence of liability or criminal …

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Beyond Competence: Technology and the Duties of Candor and Fairness in Litigation

Technology competence is an ethical requirement in more than 40 states. Beyond Rule 1 Competence, knowing technology helps lawyers comply with the duty of confidentiality and other rules of professional conduct. For litigators that includes the duties of candor and fairness. Technology regularly meets the duty of candor in litigation The duty of candor governs …

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eDiscovery Considerations with Business Use of Zoom

As companies nationwide shifted from in person to remote working overnight, there has been a concurrent increase in the use of video conferencing tools to collaborate internally and interact with clients. There are many different video conferencing tools currently experiencing a huge uptick in usage including Microsoft Teams, Cisco WebEx, Skype, and the focus of …

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Remembering eDiscovery Defensibility in a Crisis

Notwithstanding containment efforts, the coronavirus has spread worldwide.  According to a recent McKinsey & Co. report, the U.S. economy could be in a state of recovery until as late as 2023. The hardest-hit sectors – commercial aerospace, air & travel, and oil & gas – might not even restart until sometime in 2021. The COVID-19 pandemic …

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Legal Ethics and Technology: The Duty of Competence

As lawyers we must be guided by the Rules of Professional Conduct in all aspects of our work. Today that includes competence in relevant technology. Technology is deeply embedded in contemporary legal practice, while data security is a universal concern across the legal sector. Litigators additionally must contend with the evolving demands of eDiscovery. The …

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Locked chain on laptop as computer protection and cyber safety concept. Private data protection from hacker malware

DSAR Best Practices and Workflows an Organization Should Follow

In my latest post, I outlined the process involved in the actual response to DSAR requests. In my last article of this series, I will discuss the best practices and workflows that your organization should follow when responding to DSAR requests. Generally, “controllers” are responsible for responding to DSARs, and “processors” assist them in handling …

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