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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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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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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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SO YOU’RE AN E-DISCOVERY VIRGIN?!?

First of all, it’s ok. 

You’ve probably read about it.  You’ve talked about it.  You've probably seen it on the Internet.   You think you’re ready, but you’re still a little unsure.

It's ok.

At some point – possibly soon – your organization may get sued and you will need to save, collect, and produce electronically stored data.  If you haven't been through this process, you are probably in information-overload with the sheer number of advertisements and articles on the topic.  Here are five simple pieces of advice before you jump in:  

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