Published nearly a year ago, the American Bar Association’s “Law Firm Guide to Cybersecurity” is more relevant than ever. Cybersecurity and Information Governance are major pillars in the legal sector. Law firms, litigation support providers, and corporate legal departments handle extremely sensitive information making it both crucial that these organizations implement cybersecurity best practices and also stay informed in the current techniques hackers are deploying to get access to this information.

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Social media can house a wealth of evidence, it’s no longer just for personal use but has since been wide-spread adopted for institutional use. Corporations and small businesses alike have taken to social media to reach a new level of connection with their networks regardless of the industry.

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File Transfer Protocol, commonly known as FTP, is the method of using a standard network protocol to securely and confidentially transfer files via a computer network. There are various types of file transfer protocols but FTP is one of the more common methods used within the legal industry. FTP is typically secured through the attachment of SSL/TLS (FTPS).

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FRCP Rule 37. Failure to Make Disclosures or Cooperate in Discovery: Sanctions (e) Failure to Preserve Electronically Stored Information. (f) Failure to Participate in Framing a Discovery Plan Essentially, Federal Rule 37(e) governs the requirement for competent preservation of discoverable information and ESI that may be related to the matter. Rule 37(f) addresses the need…

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Rule 26(g) Signing of Discovery Requests, Responses, and Objections is the requirement of engagement in discovery in a defensible and responsible way. The rule was created to limit abuse in discovery through the use of sanctions. Discovery is an essential part of the legal process and as a result a party should be given the opportunity to properly prepare and develop their case. Rule 26(g) is brought in when there is a range of issues originating from the handling of ESI and proper collection of data most commonly when there is evidence of spoliation, failure to produce, lack of due diligence, and in this case self-collection.

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