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CISA Makes Its Debut in 2016

The Cybersecurity Information Sharing Act (CISA), S. 754, was signed into law by President Obama on December 18, 2015 as part of the larger 2016 Omnibus Spending Bill, and arrived on the cybersecurity landscape with an equally strong set of supporters and opponents.  With strong views on both sides, CISA is the first step in building what all will likely agree is of critical importance – improving cybersecurity in the United States.  

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Legal Alert: Newly Enacted Federal Rules of Civil Procedure Affecting E-Discovery

Changes to the Federal Rules of Civil Procedure were approved by the U.S. Supreme Court in April of this year and became effective Dec 1, 2015.  While several rules outlining e-discovery compliance obligations were modified, the changes to Rules 26(b) and 37(e) are especially significant and will increasingly require inside and outside litigation counsel to better understand these rules and fundamentals, from a practice, technology and best practices standpoint. 

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KMK's May 2015 E-Discovery Round-up

Good afternoon E-Discovery enthusiasts!  This month we take a look at the evolution of social media’s privacy laws, get reminded that the amended rules of civil procedure recently cleared a hurdle and take a swim in the deep end of the “predictive coding” pool.  Let’s dive in, shall we?

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Proportionality in E-Discovery: Tools for Efficiency and Cost Reduction

In our increasingly technological society, parties are encountering a greater demand for electronically stored information (“ESI”) in litigation. This demand has led to the adoption of a concept called proportionality. Proportionality evaluates the costs and benefits of e-discovery, to determine if discovery production is warranted.

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KMK’s April 2015 E-Discovery Round-up

Hi E-Discovery enthusiasts! Welcome to KMK’s April 2015 E-Discovery round-up.

This month we take a look at an Irish courts ruling on TAR that relies on some US court’s precedent, get caught up on The Sedona Conference’s latest project published for public comment and highlight an E-Discovery thought leader who popped up on various nationally broadcast programs. So, let’s dive in, shall we? 

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E-Discovery Alert – Sixth Circuit Affirms Award of Costs, Including the Imaging of a Hard Drive, to Prevailing Employer

In an appeal of a lost wrongful termination suit, Colosi v. Jones Lang LaSalle Ams., Inc., 2015 U.S. App. LEXIS 4184 (6th Cir. Ohio 2015), the Sixth Circuit Court of Appeals has found that a prevailing party’s request for costs, some of which were associated with the imaging of a hard drive, as properly taxable, relying on the authority of 28 U.S.C. § 1920 and Fed.R. Civ. P. 54(d)(1) as well as a less “restrictive” reading of the former than of that found in the Race Tires opinion.  

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KMK's February 2015 E-Discovery Round-up

Good afternoon E-Discovery enthusiasts!  Welcome to KMK’s February 2015 E-Discovery Round-up. 

Today, we take a look at some well written, informative articles and a Colorado opinion where the prevailing party recovered $57,873.61 in E-Discovery costs!  Let’s dive in, shall we? 

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Cutting Outside Counsel Litigation Spend: Insourcing v. Outsourcing "aka" the Magic Behind E-Discovery Right-Sourcing

Most in-house counsel agree that reducing overall outside counsel spend, particularly when it comes to litigation spend, is a laudable goal. While the underlying needs and high-stakes antes of this objective have admittedly increased following the Global Financial Crisis of 2007-2008 and subsequent recession, foreclosures, and rarely seen historically high unemployment figures only recently finding relief, the need to reduce outside counsel litigation spend has always been present according to most, and, as such, is rather old news.   

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Legal Alert: NLRB Holds Employees May Use Employer Email Systems for Non-Work-Related Communications

In a reversal of precedent, a divided National Labor Relations Board (“NLRB”) held yesterday that employees have a right to use their employers’ email systems for non-business purposes, including statutorily protected communications regarding the terms and conditions of their employment and regarding union organizing efforts. See Purple Communications, Inc., 361 NLRB No. 126 (December 11, 2014).  The NLRB’s ruling stemmed from a case brought by the Communications Workers of America union after it unsuccessfully attempted to organize employees of Purple Communications, Inc., a company that provides interpreting services for the deaf and hearing-impaired.  The union argued that prohibiting the company’s workers from using the company’s email system for non-business purposes and on behalf of organizations not associated with the company interfered with the CWA’s organizing efforts. 

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