e-Lawyering Update on In Re Grand Jury: US Supreme Court Dismisses Case Regarding Attorney-Client Privilege in “Dual-Purpose Communications” April 21, 2023 by Daniel Miller The suspense and anticipation were fun while they lasted, but proved quite short-lived for those of us excitedly awaiting the US Supreme Court’s consideration of an interesting question regarding attorney-client privilege. While oral argument was... Read more » Attorney-Client Privilege Privilege Privilege or Work Product Protections Trends & Emerging Issues
e-Lawyering New Opinion by Washington Court of Appeals Identifies Limits on When Sanctions for Spoliation May Be Applied Under Washington Case Law April 7, 2023 by Daniel Miller Courts throughout the United States have different perspectives on the actions that constitute spoliation of evidence and the situations in which these actions should be sanctioned. Furthermore, as courts examine and re-examine these concepts over time... Read more » Data Preservation Spoliation Trends & Emerging Issues
e-Lawyering Top Three Trends Discussed at 2023 Legalweek March 24, 2023 by Daniel Miller K&L Gates participated in this week’s 2023 Legalweek in New York City. As members of our firm’s e-Discovery Analysis & Technology (“e-DAT”) Group attended panel discussions regarding emerging legal issues and met with vendors regarding evolvin... Read more » Technology Assisted Review Trends & Emerging Issues
e-Lawyering Have Enterprise Collaboration Tools Made Every Day “Casual Friday” When It Comes to Electronic Communications? March 11, 2023 by Daniel Miller Employees ten years ago could not have anticipated how quickly and completely our workplaces have evolved over the past decade. In the aftermath of the global pandemic, significant numbers of employees have transitioned to telecommuting for some or all... Read more » Employee Communications Slack Slack Channel Text Messaging and Other Real-Time Electronic Communications Trends & Emerging Issues
e-Lawyering Bumps in the Road for a US Adequacy Decision Under GDPR February 24, 2023 by Daniel Miller As discussed in a prior post on this blog, electronic discovery that requires the processing and use of records and information that includes the personal data of individuals residing in the and the European Economic Area (“EEA”) must often incorporate... Read more » Cross-Border Data Transfer Data Privacy GDPR Trends & Emerging Issues
e-Lawyering Reminder: Attorneys’ Duty of Competence Extends to Technological Competence February 10, 2023 by Daniel Miller Within each United States jurisdiction in which attorneys are licensed to practice law, the relevant rules of professional responsibility require attorneys to meet a duty of competence. Such competence is not limited to legal judgment and skill. Instea... Read more » Attorney Competence Trends & Emerging Issues