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As corporate information systems expand and government investigations escalate, the incidence of electronic (and other) document discovery debacles is on the rise. In the September Business Crimes Bulletin, Steven F. Reich provided an overview of the various electronic discovery issues addressed a single civil lawsuit, Zubulake v. UBS Warburg LLC, including: Who bears the costs of producing e-mail? Who pays to restore backup tapes? When does the duty to preserve attach? What sanctions should attach to the failure to preserve potentially relevant electronic material?
Three recent cases involving government inquiries provide sobering lessons about electronic evidence to corporations and their lawyers. The most notorious, U.S. v. Arthur Andersen, LLP, resulted in criminal convictions. Another, In the Matter of Banc of America Securities LLC, involved SEC enforcement action. The third, United States v. Philip Morris, arose in a Department of Justice civil suit. If nothing else, the cases demonstrate that corporations exposed to such investigations must implement effective and well-maintained information management systems.
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On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.