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5 key cases from a year of spoliation sanctions chaos

Prior to the dramatic changes to Federal Rule of Civil Procedure 37(e) just more than a year ago, fear of sanctions played a disproportionately large role in controlling the behavior of lawyers in civil litigation. While headline-making penalties have set the tone for litigants’ preservation obligations, in reality, sanctions are rarely imposed. A study by the…

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New York City partners with Logikcull amid loudening calls for tighter security

Amid a state-wide effort to bolster security practices to protect its residents and constituents from data breach and cybercrime, the City of New York has selected Logikcull as its exclusive Legal Intelligence provider to securely automate e-discovery and open records response. The full announcement is available here. New York, home to the largest municipal legal department in…

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EU-US Privacy Shield poses daunting data hurdles for global firms

Editor’s note: This post was authored by Logikcull contributor Eric Pesale, a soon-to-be attorney who recently graduated from the New York Law School. Eric writes regularly for the Logikcull blog, focusing on the legal impact of emerging technologies. He can be reached at epesale@gmail.com or on Twitter at @ericpesale. A new Transatlantic data privacy regime will go…

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Law firms’ inability to protect client data is a national security concern

Bad news for some Big Law clients: those emails partners are charging $800 an hour to draft are also finding their way into foreign intelligence apparatuses. If there was ever a question that law firm data security, in its sad state, is a national security issue, yesterday’s startling exposé by Fortune drove that home. While it had…

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How to Ethically Bill eDiscovery Costs Back to Your Client

As law firms increasingly bring e-discovery software and services in-house, some grapple with whether and how to bill for those services in a way that is both fair to the client and conducive to the firm’s bottom line. At the heart of these questions are ethical considerations about the appropriateness of passing through certain “costs”…

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eBook: 10 Ways to Get Sanctioned in Modern Litigation

The explosion of electronic information in litigation has provided lawyers with a variety of new and creative ways to hurt themselves, their cases, their clients and their careers. While it may be true that, at least at the federal level, the thresholds for imposing severe sanctions are rising, this modest cushion has been more than offset by…

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Don’t be that guy whose case gets tossed for waiting on his vendor

Federal judge scolds plaintiff and counsel for “lame excuse,” “inflicting nightmare” upon opposing party Some lessons are learned the hard way. One of these lessons: If you’re betting on an eDiscovery vendor to turn around a 10,000 email database over a weekend… you lose. At least, that was the hand dealt to Erwin Washington, a plaintiff in…

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New York’s landmark cybersecurity proposal prompts attorneys to raise standards

As this election cycle and recent corporate and law firm cyberattacks have made clear, cybercriminals are becoming an ever-growing threat to businesses and law firms. As companies grapple with how to best address hackers and protect themselves from future cyberattacks, New York has proposed a set of cybersecurity regulations for banks and financial institutions that, if passed,…