Carpe Datum Law

Legal Updates on eDiscovery, Data Privacy, and Cybersecurity

Seyfarth Shaw Partner Jason Priebe was recently interviewed by C4CM regarding his tips for records retention.  This thoughtful discussion covered not only record retention policies, but information governance, risk, and potential costs resulting from the increasing volume of data produced during litigation.  Jason also provided practical steps to formulate a record retention policy when one is not in place.  To learn more, read the full interview here.…
November 16, 2018 – President Donald Trump signed the Cybersecurity and Infrastructure Security Agency Act of 2018, which establishes the Cybersecurity and Infrastructure Security Agency (“CISA”) at the Department of Homeland Security (DHS).  The law reorganizes DHS’ National Protection and Programs Directorate (NPPD) into an agency that will focus on cybersecurity threats. With its promotion to the rank of federal agency, CISA is now on the same level as the Federal Emergency Management Agency (FEMA)…
Seyfarth Synopsis: Please join us at our Chicago Willis Tower office on Thursday, December 6th, for breakfast along with a Seyfarth Legal Forum and Continuing Legal Education (CLE): 2018 Highlights and a Look Ahead to 2019. About the Program Providing our clients with a multidisciplinary overview of Legal Hot Button issues and Best Practice.  Featuring: Biometric Information Privacy Act: What a long, strange year it’s been (and there’s more on the way!) Legalize it: will…
The European Data Protection Board (EDPB) recently issued a report after their November 16, 2018 plenary session.  The statement covered a range of topics being discussed by the Board, but no substantive publications.  The EDPB is charged with ensuring that GDPR is applied consistently across the EU and that there is consistent enforcement by DPAs across the Union.  The Board is also tasked with issuing guidelines on the interpretation the GDPR (formerly the charge of…
Seyfarth eDiscovery Partners Scott Carlson and Jay Carle were recently interviewed by Mary Rechtoris of Relativity regarding “Doing Discovery Right: How Seyfarth Shaw Tackles eDiscovery.”  They discuss the Group’s formation, along with the growing importance of eDiscovery attorneys as technology changes both for clients, and in the eDiscovery space. View the full post on Relativity’s Blog here!
This morning, the European Commission released a Proposal for a Regulation addressing the EU’s cybersecurity industry as part of its next step towards a Digital Single Market, which is the EU’s strategy to ensure fair competition, consumer and data protection, and removal of copyright and geo-blocking issues for individuals participating in online activities and accessing online content.  The Regulation would establish the European Cybersecurity Industrial, Technology and Research Competence Centre and the Network of…
Seyfarth Shaw Partner Jordan Vick is on the panel for the “Playing by the Rules: Rule Changes Essential to Your Practice” session on Friday, November 16, at Georgetown Law’s 15th annual Advanced eDiscovery Institute in Washington, D.C. Session topics include: The 2015 Amendments to the FRCP and their actual impacts on practitioners, including unintended consequence How the changes to Federal Rule of Evidence 902 will change how parties and the court can streamline authentication of…
At the end of June, the California legislature passed its Bill 375, the California Consumer Privacy Act of 2018.  The Act contains a number of concepts that would be familiar to those who are working to bring their companies and organizations into compliance with GDPR.  The new law defines a category of “Personal Information” that radically departs from a traditional definition of Personal Data commonly found in various State Data Privacy Laws, which usually ties an individual name to other identifiers like social…
Today, the Information Commissioner’s Office (“ICO”), the UK data protection authority, released for public comment its draft “Regulatory Action Policy,” a document in which the ICO seeks to set forth its objectives in taking regulatory action, present its new investigatory and enforcement powers, and explain how it aims to use them. The comment period will close on June 28, 2018. With three weeks remaining until the General Data Protection Regulation (the “GDPR”) (Regulation (EU) 2016/679)…
By now, most litigators should know that they have an affirmative duty to advise their clients about the duty to preserve potentially relevant documents.  Despite this, the United States District Court for the Southern District of New York recently denied an attorney defendant’s motion for summary judgment in part because the record was not clear as to whether the attorney defendant fulfilled its obligations with respect to the duty to preserve. Industrial Quick Search, Inc.,…