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Because You Need to Know: Monthly News Round-Up for January 2021

Our monthly legal eDiscovery news round-up for January 2021 features procedural rule changes, GDPR enforcement news, and continuing adaptation to virtual legal proceedings, as well as noteworthy cases, useful e-discovery publications, and new XDD educational materials on cyber breach investigations and technology assisted review.

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Can Cyber Breach Investigation Reports Be Protected Work Product?

As we have noted before, cyberattacks are a growing area of concern, both inside and outside of the legal industry. With so many breaches occurring and so many breach investigations being conducted, it is important to consider the discoverability of reports and other materials generated by those investigations. As two recent cases demonstrate, it can be difficult to satisfy the requirements for work product protection of such reports.

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Because You Need to Know: Monthly News Round-Up for December 2020

Our monthly legal eDiscovery news round-up for December 2020 features an FRCP amendment, new privacy developments, and continued cybersecurity concerns, as well as new noteworthy cases, and a variety of new XDD educational materials.

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Because You Need to Know: Monthly News Round-Up for November 2020

Our monthly legal eDiscovery news round-up for November 2020 features a CRPA privacy law update, continuing adaption to COVID-19, and a discussion of two recent Sedona publications, as well as new noteworthy cases, and a variety of new XDD educational materials.

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Because You Need to Know: Monthly News Round-Up for October 2020

Our monthly legal eDiscovery news round-up for October 2020 features continuing industry adaption to COVID-19 and cybersecurity concerns, as well as new noteworthy cases, new useful publications, and a variety of new XDD educational materials.

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Because You Need to Know: Monthly News Round-Up for September 2020

Our monthly legal eDiscovery news round-up for September 2020 features state rule changes, cybersecurity concerns, and continuing adaption to COVID-19, as well as new noteworthy cases, new useful publications, and a variety of new XDD educational webinars and blog articles.

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Because You Need to Know: Monthly News Round-Up for August 2020

Our monthly legal eDiscovery news round-up for August 2020 features new privacy updates, new state regulatory updates, and continuing adaption to COVID-19, as well as new noteworthy cases, new useful publications, and a variety of new XDD educational content.

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Because You Need to Know: Monthly News Round-Up for July 2020

Our monthly legal eDiscovery news round-up for July 2020 features the end of the EU-U.S. Privacy Shield Program, a new safe harbor in New Jersey, law firm cybersecurity concerns, and continuing adaption to remote work due to COVID-19, as well as new noteworthy cases, new useful publications, and a variety of new XDD educational content.

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EU-U.S. Privacy Shield Invalidated, SCCs in Doubt

The EU-U.S. Privacy Shield is a framework that – until recently – was relied upon by more than 5,000 organizations to transfer data from the EU to the U.S. without running afoul of EU privacy protections. On July 16, 2020, the Court of Justice of the European Union (“CJEU”) issued a judgement invalidating the Privacy Shield framework and casting doubt on whether Standard Contractual Clauses (“SCCs”) can be used for EU-to-U.S. transfers instead.

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An Evolving Outlook: Discovery from Microsoft (Office) 365

By October 2019, Microsoft reported that it had surpassed 200 million commercial monthly active users of Office 365 (now called Microsoft 365). With such widespread usage, Microsoft 365 has become a common discovery source and a challenging one. So, just what sorts of materials might be in Microsoft 365? What eDiscovery features might be available? What limitations and complications do practitioners need to consider?

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Because You Need to Know: Monthly News Round-Up for June 2020

Our monthly legal eDiscovery news round-up for June 2020 features continuing industry adaptation to COVID-19 and some new data privacy developments, as well as new noteworthy cases, new useful publications, and a variety of new XDD educational content.

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Discovery from Slack: It’s Complicated

For several years now, use of the workplace collaboration and messaging tool Slack has been growing exponentially, first augmenting and then starting to supplant email usage within many organizations. With such widespread usage, Slack has started to become a common source for discovery. So, just what sorts of materials are in Slack? How can those materials be preserved and collected? What special challenges does Slack data present?

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