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Rule 33 of the Federal Rules of Civil Procedure sets out the proper procedure with respect to interrogatories in federal actions. With one exception, the answer to the question “Can you refuse to answer interrogatories?” is a resounding, “No!” In short, Rule 33 requires that each received interrogatory must be either answered, or objected to, within 30 days of being served with the interrogatory. You might be wondering what sorts of interrogatories are objectionable or…
France’s data protection regulator, CNIL, recently announced that it has fined the online shoe retailer, ‘Spartoo’ 250,000 Euros for breaching european data protection laws. While the General Data Protection Regulation (GDPR) only applies to organizations that do business with customers or potential customers in the EU, many GDPR obligations are replicated in data protection laws around the world (such as the California Consumer Privacy Act (CCPA)).  Here I look at lessons that all organizations can…
The Federal Rules of Civil Procedure – Rule 26 (or, FRCP 26 for short) sets out the duties of how you have to disclose information to the other side in a lawsuit. While you’re not required to disclose absolutely every piece of information in your possession (that would be impossibly difficult), you must hand over everything relevant and “proportional to the needs of the case.” But what does that mean, you ask? Continue reading below…
A few weeks ago New Zealand’s stock exchange was forced to close for four days due to a concerted cyber attack. Cyber attackers target law firms as well. Remember the ‘Panama Papers’ incident from a few years back? In that case, tens of thousands of confidential and privileged documents located in a now discredited and wound up law firm were released, partly due to software that had not had necessary updates in several years. …
If you rely on your children/teenagers for household tech support, then it probably will not surprise you to learn that the criminal mastermind behind the recent high-profile hack of Twitter V.I.P. accounts is a teenager. While most adults struggle with many aspects of today’s digital world, our children grow up completely immersed in it and by age 10 can pretty much get a smart phone to do anything up to toasting bread. Thus, it should…
With over 15 years in the ediscovery game, I find one thing remains constant: not a day goes by that I don’t have at least one person ask, “Why is ediscovery so expensive?” As someone who has held leadership roles with several different ediscovery providers, I hate to say it, but I get why costs are high.  eDiscovery platforms rely on experts. Experts come with expensive certifications and training. The platforms require large infrastructure investments,…
The universe of electronically stored information (ESI) is expanding like, well, the Universe. This presents a challenge to legal firms, companies, and ediscovery practitioners with respect to ESI management and preservation. Just consider the breadth of ESI that needs to be considered in a law firm’s preservation letter demand. While a preservation demand of the 1990s might have included computer hard drives, floppy discs, telephone answering machine messages, and emails, the gamut of today’s ESI…
While the Worldwide COVID-19 pandemic has certainly put a damper on U.S. economic activity, some folks in the legal profession are going to profit from it. After all, litigators gotta litigate and the viral contagion has opened up numerous avenues upon which to lodge a legal complaint in search of recompense. In fact, as of July 30, 3,901 COVDI-19-related lawsuits have been filed in state and federal courts. Not only do up to 3,901 litigating…
Last year at the Harvard Legal Technology Symposium, renowned ediscovery expert David Horrigan recounted a slightly disturbing discovery tale. Back in the good ‘ol paper-based discovery days, boxes of documents arrived for discovery with the assigned associates and paralegals eager to delve in. Unfortunately, the boxes were filled with venomous brown recluse spiders, meaning several staff ended up being carried off on stretchers.  While there may be little risk of literal bugs impacting discovery…
While cloud technology is a godsend to consumers everywhere, cloud technology can significantly complicate the process of ediscovery. Because a party to litigation is no longer in sole custody and control of their data, they may be unaware of where in the world their data is located, how to access it, or even who to ask for access. eDiscovery in the cloud can feel like searching for needles in haystacks when the haystacks are half…