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    Protective Orders Should Mandate Certified Cybersecurity Protections Over Discovery Data

    Protective Orders Should Mandate Certified Cybersecurity Protections Over Discovery Data

    In the litigation context, a Protective Order is a key tool that gives counsel and the court the power to control the protection of data that is going to be produced in response to discovery requests. That Protective Order should require all parties to protect data when it is held by counsel or by counsel’s vendors, and those protections should remain in place when the data is produced in discovery.

    Sanctions for discovery misconduct: The latest from the US Supreme Court

    Sanctions for discovery misconduct: The latest from the US Supreme Court

    In a rare discovery-related opinion, the US Supreme Court recently addressed how to calculate damages in the event of discovery misconduct. For litigants, the decision is a mix of good news and bad news as it reinforces the court’s inherent power to sanction bad faith behavior while limiting damages to those caused by the misconduct.

    The Internet of Things: Amazon Echo and the Future of eDiscovery

    The Internet of Things: Amazon Echo and the Future of eDiscovery

    In yet another case of the government seeking private information from a technology provider, Amazon spent the last month fighting a subpoena to hand over data in an Arkansas murder investigation…This matter, in combination with claims being made by the White House with regard to the Central Intelligence Agency’s use of “smart devices” has raised the profile of the Internet of Things as both a source of data and a method of data collection.

    First Responders, Specialists, and Partners: Cybersecurity Collaboration at the Leaders in Law Forum

    Securing data during eDiscovery collection for litigation

    Cybersecurity is a huge concern for companies, but often there is not the same thought given to security of data during the eDiscovery collection process. There are many ways in which data can be lost or compromised during collection resulting in serious legal, financial and reputational consequences. Best practice for companies is to take the steps outlined in this article to ensure the physical and digital security of their data at every stage of collection.