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False certifications and phantom legal hold underlie Big Law malpractice suit

There are basically two types of malpractice: those that emerge from well-meaning mistakes and others that are akin to absentee parenting. A recent malpractice suit alleging discovery failures by lawyers and vendors for two major firms — a suit charging those firms with misconduct that forced their client to settle the underlying case for $9 million — appears…

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Confusion over internet basics leads to ruling all attorneys dread

And a dressing down from a judge who reasons that not even a clawback order can protect you from incompetence Editor’s note: This post was authored by Logikcull’s Alex Su, a former attorney. He can be reached at alexander.su@logikcull.com. Privilege waivers usually involve voluminous discovery, where a needle in a haystack is accidentally shared with a…

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Protecting Data in the Age of Cybercrime: CLE Webinar Now Available

There’s a common adage among cybersecurity professionals: data is at it’s most vulnerable when it’s in motion. Well, eDiscovery is a process of motion. And it’s also a process of replication. Under the EDRM-driven model of eDiscovery, data is transferred, shared and copied repeatedly, often with no log of who touched it or where it resides.…

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How Law Firms Can Recoup the Costs of Subscription Services

Unless circumstances dictate otherwise, law firms typically pass through or “bill back” to the client the costs they incur to perform e-discovery services. This can be a hairy proposition for several reasons, not the least of which is that e-discovery costs are unpredictable. If the only cost associated with e-discovery was the amount of data…

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Weighing civil liberties vs. public safety in the fight for free information

This is the second part of the Logikcull interview with Michael Morisy, founder of MuckRock — the public interest organization that helps people pursue government information through FOIA and other open records laws. In part one, we discussed some of the challenges associated with accessing public records and, from the government’s perspective, efficiently responding to requests for…

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Logikcull-ACEDS March 23 CLE in Washington, DC: Register Now

Logikcull is pleased to announce that we will be hosting a CLE program on law firm data security on March 23 in Washington, DC. The DC Chapter of the Association of Certified E-Discovery Specialists is co-hosting. The event is free to law firm, government and corporate practitioners. Program and registration details are below. Description Practical…

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WordPress hacks expose law firms’ cyber-disconnect – and, perhaps, client data

Earlier this month, users of the popular WordPress CMS were advised to upgrade to the latest version of the software to patch “an undisclosed critical vulnerability.” At the sound of that dogwhistle, hackers pounced, targeting the many sites whose users had not immediately pushed the update. In the weeks since, some 1.5 million websites have been exposed and defaced,…

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Full-Court Press: An Interview with MuckRock Founder Michael Morisy

Once primarily the domain of journalists, the issues of freedom of information and access to government records have in recent years grown in the greater public consciousness. These days, it’s hard to find a major government-related news story that isn’t underpinned at least in part by details gathered from public records. Recent notable flash points include the Snowden disclosures, the Clinton…

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7 Questions You Should Ask Your Lawyer About Data Security

A post published yesterday on Inc.com suggests that law firms may not be the safe havens for information that clients believe them to be. Similar stories have recently appeared in Inside Counsel and the National Law Review. The Inc. article, which proposes 7 questions clients should ask their lawyers before entrusting them with sensitive data (and for which Logikcull…