Following the decision of the French data protection authority against Spartoo, which we previously discussed, we have seen one of the largest fines ever imposed under the GDPR (€35.2 million). This time against the Germany-based subsidiary of multi-national clothes
Dig Deeper
Dig Deeper, published by Lumix, focuses on issues related to electronic discovery (eDiscovery) in legal contexts. The blog covers topics such as compliance with data protection regulations like GDPR and CCPA, best practices for managing electronically stored information (ESI), and the legal implications of data privacy in discovery processes. It also addresses procedural aspects of litigation including meet and confer requirements under Federal Rules of Civil Procedure, discovery sanctions, and the sources of eDiscovery law across federal and state jurisdictions. The blog discusses the intersection of technology, data security, and legal obligations, providing guidance on handling sensitive data and navigating complex discovery challenges.
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Rule 26(f) Meet and Confer: A Discovery Requirement
By Steven Toews
The “meet and confer” requirement imposed by the Federal Rules of Civil Procedure (or, more specifically, FRCP 26(f)) requires that the parties to litigation must, “as soon as practicable” meet with one another to discuss a variety of…
Rule 37 Discovery Sanctions (And More)
By Steven Toews
https://nowdiscovery.com/frcp-26-the-scope-of-discovery/Rule 37 of the Federal Rules of Civil Procedure (FRCP, for short) empowers a court to impose several different types of sanctions for parties unable or unwilling to comply with lawful discovery orders and requests. For example, upon failure to…
The Sources of eDiscovery Law – A Deep Dive
By Steven Toews
Broadly considered, there are a wide variety of sources of ediscovery law. That’s because ediscovery law isn’t confined to the statutes, regulations, and codes that touch on the topic of electronically stored information in litigation. Instead, there exists a bulk…
FRCP 45: Federal Subpoena
By Steven Toews
Rule 45 of the Federal Rules of Civil Procedure (FRCP 45, for short) sets out the procedure for the issue of subpoenas in federal court. It includes provisions for what a subpoena must contain, how it is to be served,…
New Zealand Considers Changes to Scope of Discovery (and eDiscovery)
In New Zealand, the required procedure for civil court action is set out in a set of rules for the two main courts in the country: The District Court Rules and the High Court Rules. A consultation has just been…
Will AI as an eDiscovery Tool Intersect With its Use to Facilitate Crime?
By M.J. Moye
Artificial intelligence (AI) is fast becoming one of the most valuable tools in ediscovery, but AI is also emerging as a significant crime threat based on its ability to facilitate different types crimes across a broad spectrum of applications.…
NIST Principles to Enhance Trust in AI-Generated eDiscovery
By M.J. Moye
If you’re using artificial intelligence (AI) to power your ediscovery, how can you be certain that the AI system is properly doing its job?
Trust in AI-Generated eDiscovery
Well, the National Institute of Standards and Technology (NIST) is working on…
How is Europe’s New Data Strategy Going to Affect Discovery?
The European Commission (the executive branch of European government) released a new data strategy earlier this year to relatively little fanfare. In this article, I look at the European Commission’s proposed new data markets or ‘data spaces’ and indicate what…
“Breaking Bad” with the State of Arizona’s New Class of “Legal Paraprofessionals”
By M.J. Moye
Having long been fascinated by legal professionals, but never having the wherewithal to pursue a law degree, I am changing careers and moving to Arizona where I can now legally represent clients and practice law absent a law degree or…