Nichole Sterling

Firm/Organization: Baker & Hostetler LLP

Blogs: Data Privacy Monitor, Discovery Advocate

Latest Articles

Record-Keeping and Training Requirements in the Proposed Regulations for the CCPA

November 26, 2019

The California Consumer Privacy Act (CCPA), California Civil Code §1798.100 and following, does not in itself outline specific training and record-keeping requirements that demonstrate business compliance with consumer requests. However, in October 2019, the California attorney general proposed additional CCPA Regulations intended to guide the application of the CCPA, and Section 999.317 of the proposed Regulations aims to detail what additional behaviors (such as training) and records are required under the CCPA for consumer requests.…

Data Privacy Monitor

Advocate General Opinion Supports Limiting the “Right to be Forgotten” to the EU

By Laura E. Jehl, Emily R. Fedeles & Nichole Sterling

January 23, 2019

On January 10, Advocate General Maciej Szpunar released an opinion recommending that Google and other search engines should not be forced to apply the EU’s “right to be forgotten” beyond the EU. The advocates general assist the judges of the Court of Justice of the European Union (CJEU), providing independent legal solutions to issues presented to the CJEU. The judges decide whether an official opinion from an advocate general is necessary. The judges are not…

Data Privacy Monitor

The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

By James A. Sherer, Nichole Sterling & Brittany Yantis

November 26, 2018

The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to gain access to data held by cloud service providers through Stored Communication Act (SCA) warrants, as the SCA did not contemplate cloud computing when it was enacted into law; likewise, LEAs were also forced to utilize…

Discovery Advocate

The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

By James A. Sherer, Nichole Sterling & Brittany Yantis

November 26, 2018

Discovery Advocate

E-discovery, the Cloud and Blockchain – How New Practices May Require a ‘Back to School’ Approach

By James A. Sherer & Nichole Sterling

September 14, 2018

The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence. With the advent of cloud services and significant use by clients, e-discovery practitioners incorporated knowledge of those new platforms and offerings into their preservation strategies and requests for production, appropriately considering a variety of client and party uses of the cloud, especially for heavily used services such as email, customer relationship manager (CRM) platforms,…

Discovery Advocate

What the Working Party might be Thinking about Discovery – WP 261 Derogations to the GDPR

By James A. Sherer & Nichole Sterling

April 23, 2018

On Feb. 6, 2018, the Article 29 Working Party (Working Party 29) published Working Paper 261 (WP 261), which provided guidance on the provisions of Article 49 of the European Union’s (EU) General Data Protection Regulation (GDPR). This guidance was especially interesting to data privacy attorneys and litigators (primarily e-discovery practitioners) in the United States who had been considering the operation of GDPR Article 49 as it relates to cross-border data transfers undertaken in the…

Discovery Advocate

What Controls: The Location of the Data or the Location of the Searches for the Data?

By Emily R. Fedeles, Nichole Sterling & Richard A. Mills

March 1, 2018

The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose foreign-stored data sought by the U.S. government through domestic warrants. Currently, the Second Circuit says yes while other circuits tend to say no. While several district courts have concluded that it is not an extraterritorial seizure to enforce warrants that require organizations to produce U.S. users’ account data stored in foreign servers,…

Discovery Advocate

Perfection Not Required in Technology Assisted Review, but Transparency Might Be

By Nichole Sterling & James A. Sherer

February 5, 2018

A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into how judges will consider the use of advanced analytics in litigation. In Winfield v. City of New York, Magistrate Judge Katharine H. Parker ordered limited transparency (and encouraged even greater transparency) regarding the defendant’s use of TAR after examining their process in…

Data Privacy Monitor

European Court Provides Further Clarity on Employee Monitoring

By Emily R. Fedeles & Nichole Sterling

September 20, 2017

The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Bărbulescu v Romania (Bărbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The Bărbulescu decision held that a Romanian employee’s legally protected right to privacy was violated when his employer monitored personal messages he sent from a company account. This case stemmed from a Romanian company’s dismissal of Mr. Bărbulescu, a sales engineer,…

Discovery Advocate

Cost Shifting Ordered Due to Inadequate Meet and Confer

By Nichole Sterling

July 26, 2017

Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New York, who recently ordered cost shifting when parties failed to meaningfully meet and confer about their electronically stored information (ESI) agreement. The decision is remarkable, because it orders cost shifting in a case where there is no claim that the…

Nichole Sterling

Record-Keeping and Training Requirements in the Proposed Regulations for the CCPA

Advocate General Opinion Supports Limiting the “Right to be Forgotten” to the EU

The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

E-discovery, the Cloud and Blockchain – How New Practices May Require a ‘Back to School’ Approach

What the Working Party might be Thinking about Discovery – WP 261 Derogations to the GDPR

What Controls: The Location of the Data or the Location of the Searches for the Data?

Perfection Not Required in Technology Assisted Review, but Transparency Might Be

European Court Provides Further Clarity on Employee Monitoring

Cost Shifting Ordered Due to Inadequate Meet and Confer

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