In our increasingly technology-dependent world, instances of cyberattacks continue to proliferate. Legal service providers are not immune. In fact, a growing number of providers of e-discovery services have experienced attacks within the past several years, resulting in service outages of various lengths. These outages raise a number of complications for law firms, e-discovery providers, and their clients including, but not limited to, delays in discovery reviews and productions. While many judges may be sympathetic about resulting delays, they are under no obligation to issue extensions, and disruption of the e-discovery work can also result in other costs and complications. With knowledge of the risks of a cyberattack now commonplace, continued vigilance and enhancement of security measures has become even more essential. When choosing an e-discovery provider, companies (and their law firms) should research providers’ security measures, audits, track record, and efforts taken to mitigate breaches. It may be impossible to fully thwart all cyberattack attempts, but being prepared to combat those bad actors should be a top priority for any e-discovery provider dedicated to serving their clients and minimizing reputational damage.
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