Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Legal Tech: Crisis Control: Best Practices for Emergency E-Discovery and Incident Response

By Andrew Johnston
November 01, 2019

The day the mine collapsed in the Atacama Desert, the world held its breath. Across time zones and over months, we watched in simultaneous disbelief and hopefulness as rescuers worked to reach the men trapped below. As humanity does in all major crises — energy plant explosions, oil spills, commercial fires — we shared in awe and concern at the first responders working to save lives and contain the damages. In these emergencies, what most don't recognize is that the events span far beyond first response on the ground. Behind the scenes, and long after the news cameras stop rolling, a separate set of teams are triggered, preparing for and managing the extensive legal and investigative processes that follow.

Under the intense emotion and stress inherent in crisis circumstances, legal teams orchestrate short term e-discovery to uncover who knew/knows what relating to the crisis and events leading up to and immediately following it. They assess the breadth of damage and injury in the moment as the crisis unfolds, alongside launching longer-term investigations into what caused the accident and any potential negligence or wrongdoing that occurred. Getting to the facts quickly is critical to prepare for litigation, government investigations and potential criminal charges, and to expedite restitution for victims.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

How AI Has Affected PR Image

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.