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Cyber security education is one of the most important cyber security best practices explains Matthew Holland, CEO of Field Effect Software, in the latest episode of the Technically Legal Podcast. Field Effect is a cyber security company providing tools and managed detect and response (MDR) services to protect against cyber attacks.   Matt started his cyber security career with Canada’s Communications Security Establishment (CSE) (similar to the NSA in the United States) and…
Microsoft 365 eDiscovery (formerly, Office 365 eDiscovery) includes several useful features for eDiscovery and compliance matters such as email archiving, Legal Holds, and eDiscovery Search capabilities.   We run a fair amount of searches for ESI (electronically stored information) in Microsoft 365 eDiscovery and can attest it has helpful search features, but, despite Microsoft building out the eDiscovery Compliance Center and continuously improving functionality, Microsoft 365 eDiscovery search features have certain limitations that…
Magistrate Judge Tony Leung from the United States District Court for the District of Minnesota offers a few pointers to lawyers preparing for virtual court hearings via zoom or other video conference apps in the latest Technically Legal Podcast.   Tip number one is to realize that despite the fact you are not physically in the courtroom, you are still in a court hearing and the judge should have your undivided attention. He also…
Communications between lawyers and outside consultants or vendors working together on legal matters are generally confidential and protected by the attorney work product doctrine. The theory being that experts hired by lawyers are acting at the direction of counsel and doing work in anticipation of litigation. But, communications between lawyers and consultants are only privileged if the primary purpose of communications relate to legal services.  If a consultant is engaged for both business…
Your company received a document subpoena in a legal dispute in which it is not involved. Or it received a data request from a consumer under the GDPR or California Consumer Privacy Act. Who covers the expense in responding to it?   If the subpoena issued is in federal litigation, your company is likely responsible for the cost of compliance, especially if it has a connection to the litigation. Companies must also foot the…
For a party to meet its obligation to produce relevant evidence for use in litigation or in response to a subpoena, they must first meet their duty to preserve evidence. Often, one of the first steps an in-house lawyer takes to preserve evidence is to send a litigation hold letter (or “legal hold”) to employees that worked on the project or transaction subject to dispute.   Litigation hold letters are issued in anticipation of…
Reviewing the data and the thousands of electronic documents requested or produced during discovery in litigation, in response to a subpoena or in an internal investigation, takes time. As we all know, time is money.   Leveraging technology goes a long way to helping cut down on time and costs. In the end, regardless if done manually or with the help of document review software, the first step in reducing review costs is culling…
Who knew the topic of legal holds is so engaging? Articles about litigation holds turn out to be some of our most popular reads. We’ve written in the past about litigation hold triggers and the duty to preserve evidence as well as the privileged nature of legal hold communications. But, a lawyer’s duty to prevent evidence destruction does not end by hitting send on a legal hold email. Both in-house and outside counsel are…
  Generally, legal hold notices (also called “litigation holds”) are privileged, protected by the attorney-client privilege or work product doctrine. See, e.g. Gibson v. Ford Motor Co., 510 F. Supp. 2d 1116, 1123 (N.D. Ga. 2007). However, the privileged nature of legal hold letters may be lost if a party spoliates evidence (destroys evidence) or fails to observe appropriate document and ESI preservation procedures.   What is a Litigation Hold? Litigation holds are…
  The number of legal operations, or “legal ops”, positions is growing as companies try to reduce legal bills and increase legal department efficiency. But where should a legal operations manager start to revamp a legal department?   We talked to a few pros for advice.   Legal Departments With Legal Ops Professional = More Mature Legal Department   A few years ago, legal industry analyst Jordan Furlong presciently noted on his Law 21 blog,…