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.
Effective cybersecurity must be collaborative in nature and this point was underscored by speakers throughout the program. This article lists some of the key messages from the forum that will help you get started collaborating with your colleagues on cybersecurity.
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.
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.
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.
Often, the inclination is to be targeted in collecting and preserving evidence to avoid the cost and time involved in large-scale collection. In many instances, a broad, nontargeted collection is the better method, offering several advantages.
