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Electronically Stored Information Commercial Litigation

Vinson & Elkins LLP

Difficult Decisions About Cloned Discovery Can Leave Companies Seeing Double

Vinson & Elkins LLP on

Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing standards of proof, companies that are...more

The Volkov Law Group

Google’s Failure to Preserve Electronic Communications — A Warning to Every Company of a New Reality Surrounding Electronic Data

The Volkov Law Group on

One thing you can count on — change.  Not that there is anything wrong with that, but not to be too dramatic, we are at the precipice of some significant technology trends that will have a profound impact on corporate...more

Farrell Fritz, P.C.

To Disclose or Not to Disclose: The Importance of Putting Everything in Writing

Farrell Fritz, P.C. on

Section 3101(a) of the CPLR provides for the “full disclosure of all matter material and necessary in the prosecution or defense of an action.” This standard requires the disclosure “of any facts which will assist preparation...more

Epstein Becker & Green

Electronically Stored Information – Pitfalls and Ways to Avoid Mistakes and Inadvertent Disclosure

Epstein Becker & Green on

Mistakes sometimes happen. One of the most serious mistakes attorneys can make is to inadvertently disclose privileged or otherwise protected information during discovery. This may sound easy, but in the electronic era, where...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

Bond Schoeneck & King PLLC

Rules Amended to Respond to Continued Proliferation of Electronic Discovery

In 1995, then-Chief Judge Judith Kaye established the Commercial Division of the New York Supreme Court, reinforcing New York State as the center not only of finance and commerce for the country, but also for litigating...more

Proskauer - Minding Your Business

NY Court Re-Affirms Privilege Protection for Personal Emails Sent by Law Firm Partner on Firm Email Account

Citing new deposition testimony, actor Justin Theroux in a recent motion asked the New York Supreme Court to reconsider its December 2020 denial of Theroux’s motion to compel production of emails that his neighbor, Norman...more

McDermott Will & Emery

Litigation Pacing During the Pandemic

McDermott Will & Emery on

How does the coronavirus pandemic impact the pace of commercial litigation? This article identifies factors for companies to consider in determining which commercial litigation activities can and should move forward and which...more

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