Many businesses have remote work and bring-your-own-device policies that cover access to company systems and information from personal devices. These policies may also state expectations or requirements for the management and security of company information. But these policies likely do
Continue Reading Key COVID-19 Considerations for U.S. Discovery and Information Governance
At the federal and state levels, there have been calls to suspend statutes of limitations during the COVID-19 outbreak. A number of states have already acted, but state approaches vary and are open to future changes as the challenges of
Continue Reading COVID-19 and U.S. Statutes of Limitation
As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. While the practice of e-discovery may already be well
Continue Reading Adapting E-Discovery Workflows to a Remote Work Environment
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
Continue Reading The CLOUD Act and the Warrant Canaries That (Sometimes) Live There
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
Continue Reading E-discovery, the Cloud and Blockchain – How New Practices May Require a ‘Back to School’ Approach
Should All States Require Continuing Technology Education (CTE)?
For more than five years we have discussed the need for attorney competence in technology, especially as related to discovery in posts like this one and this one. As Electronically Stored
Continue Reading eDiscovery and Technology
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
Continue Reading What the Working Party might be Thinking about Discovery – WP 261 Derogations to the GDPR
Since the first judicial opinion endorsing the use of Technology Assisted Review (or TAR) was written by Judge Andrew J. Peck in 2012, an entire legal industry has grown up on the premise of streamlining the document review process in
Continue Reading What Judges are really saying about Technology Assisted Review
Users of social media are likely familiar with privacy settings, and understand that setting their profiles to “private” ensures that people who are not friends, connections or followers cannot view their information and postings. However, it is equally likely that
Continue Reading Social Media Privacy Settings May Not Protect Your Information From Discovery
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
Continue Reading What Controls: The Location of the Data or the Location of the Searches for the Data?
