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I recommend that all lawyers stay informed about these FBI cybersecurity alerts and the cybersecurity threats that prompt them. In fact, I believe our ethical duties obligate us to take this reasonable step, which will ebable us to better protect the confidential and private information of our clients.
As reported in the Wall Street Journal on March 29, 2016, a number of U.S. law firms—including the prestigious Wall Street firms Cravath Swaine & Moore LLP and Weil Gotshal & Manges LLP—have become the latest victims of significant data hacks. And in posts to underground web sites, the hackers have threatened to breach other firms.
Technology Assisted Review (TAR) Across the Atlantic: UK Court Approves the Use of TAR for Electronic Disclosures
A British court has now joined courts in the United States—and one in Ireland—by approving the use of technology assisted review (TAR) in litigation. On February 16, 2016, in the matter Pyrrho Investments Ltd. v. MWB Property Ltd., Master Matthews of the High Court of Justice Chancery Division granted the parties’ request to use predictive coding technology to identify documents for electronic disclosures (the U.K. analog to U.S. e-discovery). According to Master Matthews, it was the first such decision in the U.K.
On February 2, 2016, the European Commission and the U.S. Department of Commerce announced a new framework to govern the transfer of data from the EU to the United States, referred to as the EU-U.S. “Privacy Shield." The new protocol is intended to replace the 15-year-old Safe Harbor agreement that the European Court of Justice struck down in October, on the grounds that it failed to adequately protect the privacy rights of EU citizens.
This January brought no shortage of predictions and resolutions for the year ahead in legal discovery and information governance. Indeed, here at DiscoverReady we shared some of our resolutions for 2016 around the work we hope to accomplish with our clients. But there was one other list of resolutions that caught my attention, which came from our friends at kCura, one of our trusted technology partners.