Data destruction is the process of removing information in a way that renders it unreadable (paper) or irretrievable (digital data). And, while it is critically important for companies to manage data in a way that is effective, defensible, and efficient, people/companies are often hesitant to dispose of data. The cause of the hesitance is varied: why get rid of our
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Seven Simple (Cyber) Security Suggestions for September
In my search for ESI-centric information that would pique my readers’ interest, I came across an interesting article/blog about digital privacy written by Thorin Klosowski, in which he details seven (i.e., one per day) simple ways to secure your digital life.* Because I found the plan easy to implement and steeped in wisdom, I decided to share Klowoski’s recommendations. While
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What is New York’s Data Breach Notification Statute? And Does it Impact Me?
As mentioned in my last blog post, there are data breach notification laws on the books in 48 states, including New York. On July 25, Governor Cuomo signed into law Senate Bill 5575, the “Stop Hacks and Improve Electronic Data Security Act” (the SHIELD Act), which had passed the Legislature on June 17, 2019.
The SHIELD Act amends New
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Some Cyber-Musts For Maximizing Security
Although there are data breach notification laws on the books in 48 States that require companies to inform consumers about potential breaches, companies are loathe to make such disclosures. In fact, a data breach disclosure opens the door to litigation, invites scrutiny from investors and the consuming public, and hardly bodes well for a company’s reputation. But, the harsh reality
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How to Defensibly Limit Data During Discovery
Technology has revolutionized, among other things, the way people conduct business, store information and communicate with others. And, despite the many efficiencies and benefits of technology, a downside of this “revolution” is the creation of countless files that may later be subject to review and potential production during litigation /investigation proceedings. Indeed, even relatively small cases routinely involve the collection
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Much Ado About Metadata?
Anyone reading this blog has likely heard about metadata and its potential role in a litigation (See, “Never Agree to Do Something Your Client Cannot Do;” “The Perils of Self-Collection;” and “A Lawyer’s Obligation to be Technologically Competent – Part 4”). But we must remember that if metadata is an integral part
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The Document Demand That Seeks Electronically Stored Information
Electronically stored information (“ESI”) is ubiquitous and most people and companies are utilizing paperless documents in some form (i.e., e-mails, text messages, IMs). The many forms of ESI coupled with the introduction of varying data sources such as smartphones, cloud storage, iPads, and tablets, has dramatically expanded the available potential sources of discovery in a civil litigation. To obtain this
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What Should Lawyers Look for in an E-Discovery Vendor?
In recent years, there has been a dramatic increase in e-discovery vendors. While having more vendor options to choose from may seem like a good thing, the surge in vendors can make it difficult to differentiate among them, and to compare the relative strengths and weaknesses of each. It is therefore critical that law firms and legal departments who seek
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In What Format Should I Make My Production? And, Does Format Matter?
The issue of production format when dealing with ESI is often the subject of discussion and disagreement. If possible, the parties to the litigation should agree at the outset to the production format. In fact, a conversation about production format, metadata and redactions (among other things) should occur at the preliminary conference and/or the Rule 26 conference. However, this
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What Is E-Discovery?
I am often asked by clients and subscribers to the blog, What is E-discovery? And so, this week’s post is intended to respond to that question.
E-discovery is the abbreviated term for electronic discovery and refers to the process in which electronic data (as compared to paper or object information) is sought, located, secured, reviewed and produced for use as
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