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  • Maureen O'Neill
    by Maureen O'Neill
    August 28, 2015

    Grab your Surfboard, a Wave of Data Breach Litigation is Rolling In

    Last month the U.S. Court of Appeals for the Seventh Circuit departed from most other federal courts, and allowed a data breach litigation to proceed where plaintiffs demonstrated no actual injuries, but a “substantial risk” of future injury.

  • Maureen O'Neill
    by Maureen O'Neill
    August 18, 2015

    Litigating in California? Be Sure You’re Ethically Competent in e-Discovery

    Last year the State Bar of California Standing Committee on Professional Responsibility and Conduct issued two draft opinions answering the question “What are an attorney’s ethical duties in the handling of discovery of electronically stored information?” After receiving public comment on the drafts, the Committee recently issued its final version, Formal Opinion No. 2015-193. Even a highly experienced attorney may need some assistance in certain litigation matters involving ESI.

  • Maureen O'Neill
    by Maureen O'Neill
    August 3, 2015

    “Deflategate” and Text Messages: e-Discovery Lessons

    E-Discovery finds itself in the headlines of the mainstream media again. This time, the general public gets a chance to learn about the discoverability of text messages—and the potential consequences of evidence spoliation—thanks to Tom Brady and the “deflategate” scandal. (For those of you who don’t follow sports, “deflategate” refers to allegations that the New England Patriot’s quarterback played with deliberately deflated footballs in the team’s victory over the Indianapolis Colts in the AFC Championship.)

  • Maureen O'Neill
    by Maureen O'Neill
    July 21, 2015

    Data Security and Privacy in Discovery – Finally Getting the Attention it Deserves

    Last week at LegalTech West, as part of DiscoverReady’s Corporate Counsel CLE track, I facilitated a panel discussion on “Managing Data Security and Privacy in Discovery.” And I had the very good fortune of moderating a panel comprised of three experienced, smart, engaging in-house data security and privacy experts—along with one equally impressive law firm attorney with a national reputation for his expertise in this area. The presentation was so well received that I thought I’d share some highlights here on our eDiscovery blog.

  • Maureen O'Neill
    by Maureen O'Neill
    June 30, 2015

    The Internet of Things — Let the Litigation Commence

    Legal commentators have been speculating about how the “Internet of Things” could generate a flood of new litigation. Some of that speculation recently became reality, when plaintiffs filed a class action against a group of automakers, alleging that they sold unsafe cars because their internet connectivity creates vulnerability to hackers.

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