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Highlights from LIBOR Summit 2020 – Online Edition – Litigation and Documentation: Updates to Guide Your Transition Planning

Highlights from LIBOR Summit 2020 – Online Edition – Litigation and Documentation: Updates to Guide Your Transition Planning

COVID-19 has not stopped the need to plan for the LIBOR transition. In fact, appropriate planning and action has become even more urgent. For this reason, CDS and Greenpoint Financial co-hosted the virtual event LIBOR Summit 2020 – Litigation and Documentation in April to bring together experts to provide updates and advice to organizations, regulators, and counsel.

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Is There a War on eDiscovery?

Is There a War on eDiscovery?

A recent blog post posed the question “Have we lost the war on eDiscovery?” There may be an eDiscovery War, but from my perspective, we are fighting on the same side.

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5 Things You Must Consider in Protecting Your Company Data

5 Things You Must Consider in Protecting Your Company Data

Often discussions about data only focus on one aspect of it at a time, such as privacy, cybersecurity, retention, big data, etc. However, in order to truly protect data, organizations need to take a broader perspective. Data is an asset that has real value to every organization and its value tracks its many uses. In other words, its value varies with each user and purpose for which the data is used, and this must be considered in developing a management plan for enterprise data.

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What the CLOUD Act Means for eDiscovery

What the CLOUD Act Means for eDiscovery

As previously discussed, courts are dealing with increasing demands for data that resides abroad. The Microsoft warrant case awaiting Supreme Court action was anticipated to yield important guidance on issues of international cross-border electronic evidence transfers.

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Winfield v. City of NY: What Happens When Computers and Humans Disagree in eDiscovery?

Winfield v. City of NY: What Happens When Computers and Humans Disagree in eDiscovery?

Predictive coding has become increasingly prevalent in eDiscovery. Although courts have ruled that parties are allowed to use the technology, they have also recognized that litigants aren’t required to use it. However, once a litigant has decided to employ predictive coding, the question is to what extent courts should permit discovery into, and allow opposing counsel, to re-examine and second guess a litigant’s TAR process?

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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.

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Visualizing the future of the Information Governance Reference Model for in-house counsel

Visualizing the future of the Information Governance Reference Model for in-house counsel

CDS has had a keen interest in visualizing aspects of the EDRM from the earliest days and our eDiscovery Counsel, Matthew Knouff, was part of the team that developed the original IGRM…We predict that the IGRM of the future will have each stakeholder (including in-house counsel) increasingly involved in every aspect of information management, perhaps incorporating a visualization that weaves together roles.

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