Must see articles for the week of May 12:
What California's eDiscovery Ethic Opinion Means for In-house Counsel by Philip Favro – In the context of the ABA Model Rule 1.1 and California State Bar’s draft ethics opinion, Favro highlights the obligations of inside counsel. Essentially, it is paramount for all attorneys to remember that we are each individually responsible for our actions and omissions on behalf of our clients and, when outsourcing legal work and eDiscovery, inside counsel must know at least as much as their hired counsel and they must work collaboratively.
Seek Clawback or Risk Malpractice Suit, Prominent Judge Warns by ACEDS - “I think it is now legal malpractice to litigate in federal court without having a [Federal Rule of Evidence] 502(d) order in place,” Judge Waxse, of the District of Kansas, told an audience of about 400 legal practitioners at the 2014 ACEDS E-Discovery Conference & Exhibition in Hollywood, Florida on April 28. The article also outlines the critical components and implications of clawback agreements.
What You Should Know about the Changing US-EU Safe Harbor Agreement by Campbell Van Remoortel and Tzuker – The article outlines the evolving nature of US – EU data privacy and how it affects cross-border eDiscovery.
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