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Friend or Foe: Implications for Preservation and Collection of Social Media and Cloud Evidence Under New Federal Rule of Evidence 902

Pending expected Congressional and U.S. Supreme Court approval, most litigators, e-discovery technology practitioners, and digital forensic experts seem to share the view that the proposed amendments to F.R.E. 902 otherwise set to go into effect December 1, 2017, will serve at least one of their intended purposes, by further promoting a “…just, speedy and inexpensive determination in each matter”, prescribed under Fed. R. Civ. Pro. 1.

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Cyber Breach Incident Notification Guidelines Ahead

The U.S. Computer Emergency Readiness Team (US-CERT) is implementing new reporting requirements beginning April 1, 2017, and just released new guidelines to help federal departments and agencies; state, local, tribal, and territorial government entities; information sharing and analysis organizations; and foreign, commercial and private-sector organizations submit incident notifications to the federal government.

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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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