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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,…

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The Clinton Email Investigation: Where We Stand with 72 hours to D-Day

As the calendar races to Election Day, the long-running probe into Hillary Clinton’s use of a private email server has once again reemerged as the central non-Donald J. Trump-generated issue in the campaign. While some have questioned the timing of FBI director James Comey’s announcement that the Bureau is reopening the case (namely, his boss’s boss’s…

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5 cybersecurity tools that can protect your firm from hackers

This post was authored by Eric Pesale, a soon-to-be attorney who recently graduated from the New York Law School. Eric contributes regularly to the Logikcull blog, focusing on the legal impact of emerging technologies. He can be reached at epesale@gmail.com or on Twitter at @ericpesale.  Hacking can spell disaster for law firms of all sizes. While…

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Just because you’re using technology doesn’t mean you’re using good technology

Later this week, Logikcull will be presenting at the inaugural meeting of the San Fransisco chapter of ESI Roundtable. The mission of the grassroots organization is to provide eDiscovery training and workshops with practical content and local networking. It’s geared toward reaching legal practitioners who don’t typically have access to first-rate technology education — and we are…

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The five essential elements of a CYA cyber liability policy

This is a guest post by Brian Focht, an attorney at Stiles Byrum & Horne in Charlotte and author of the highly regarded blog, The Cyber Advocate. Brian posts about important cybersecurity issues on which lawyers and other legal professionals should be focused. He can be reached atbfocht@sbhlaw.net.  If you’ve been conscious for at least 15 consecutive minutes…

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It’s becoming harder for attorneys to dodge tech competency rules

This post was authored by Eric Pesale, a soon-to-be attorney who recently graduated from the New York Law School. Eric contributes regularly to the Logikcull blog, focusing on the legal impact of emerging technologies. He can be reached at epesale@gmail.com or on Twitter at @ericpesale.  On September 30, Florida became the 25th state to codify…

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Is your processing tool leading you down the road to malpractice?

Hypothetical question: What if the tool you were using to process documents for review was missing more than 90% of the content you were responsible for producing? Seems improbable, but just play along for the sake of argument. How would that affect the quality of your production? How would it impact your ability to conduct a “reasonable…