3 Best Practices for Preparing a Defensible Breach Response Plan
By Tim Rollins
This article is a reprint orginally published by Today's General Counsel here. Its author, Ray Pathak, is Exterro’s Vice President of Data Privacy Solutions and leads the company’s privacy solutions strategy. Ray has been involved in the privacy space for over 15 years as a privacy operations leader and privacy software business executive. Prior to joining Exterro, he led Nymity as COO, and led the Privacy and Information Security program for Target Canada.The General Counsel's Role in Data Breach Response Football teams understand that it’s hard to be a contender without an elite... Read More
We've talked about the value of early case assessment (ECA) on this blog more than once. But if you're just considering using ECA technology, or if you're not sure of the value of adding this step into your e-discovery process, the benefits are considerable enough that they bear mentioning again. ECA lets you get to the heart of matters quicker, before collecting data, in the following ways: Understand the scope (and therefore the cost and time requirements) of e-discovery in a given legal matterDetermine the key issues and legal liabilityDefine case strategy according... 
It’s long been established that boilerplate objections to discovery requests will not be allowed, but in this case Doma Title Insurance v. Avance Title, LLC the court permitted the defendants to supplement their objections rather than considering them waived. Overview In this case concerning allegations that a contractor to an insurance company failed to comply with all the contractual obligations it owed to its client (the plaintiff), a disagreement arose over the materials the defendant would have to produce during discovery. In discovery, the plaintiff requested from defendant all documents and communications... 
Make sure you check out the latest episode of Exterro's digital forensics podcast series, FTK Over the Air. In our fourteenth episode, Exterro Forensics Evangelist Justin Tolman sits down with Dan Sumpter of Exterro, Chris DeLeon of Texas Central Bank, and Amanda Fields of Blue Cross Blue Shield, to talk about making the transition to digital forensics careers after working in law enforcement. With over 50 years of law enforcement experience combined, this group discusses the strengths from their public sector careers that gave them an advantage when transitioning into private DFIR investigations... 
On paper, releasing a legal hold seems fairly straightforward. A matter reaches a resolution, preservation obligations are lifted, the legal team informs data custodians that they are no longer required to retain electronically stored information (ESI), and disposition policies are restored. But in practice, many organizations struggle with this seemingly simple process. The consequences of failing to promptly release legal holds are more significant than many organizations realize. Prolonged holds can place unnecessary burdens on employees who have more important things to worry about than complying with legal hold obligations. Unnecessarily retained electronically... 
The Consumer Data Right (CDR) Rules enables Australians to use the data businesses hold about them for their own benefit. In July 2022, the Australian Competition and Consumer Commission (ACCC) levied its first fine under the CDR, since the rule has applied to all banks dating from July 2021. Overview On July 13, 2022, the ACCC issued a fine of AUD 133,200 against the Bank of Queensland Ltd., for its failure to provide a service enabling consumers' data to be shared as required by the Australian CDR. Under the CDR rules... 
As we steamroll through 2022, interest in artificial intelligence has been gaining steam—and specifically how it applies to legal and compliance technology. Essentially, the concept of AI mimics the thought and reasoning processes of the human brain and applies that to help streamline and/or automate manual processes. AI is starting to find its role in Cybersecurity, especially as it relates to filtering for false positives and taking on the manual tasks that are too time-consuming for professionals. It is finding a strong foothold as well in the world of Digital Forensics. Let’s take...