Discovery Advocate

News, Developments and Practical Advice on eDiscovery in the trenches of Litigation

May 21, 2020

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 not account for the rapid transition to virtual offices and remote work hastened by the COVID-19 pandemic. Among other challenges: Segments of the workforce may be teleworking for the first time. Those engaged in remote…

Discovery Advocate

COVID-19 and U.S. Statutes of Limitation

By Gilbert S. Keteltas & Justin Donoho

May 21, 2020

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 the pandemic play out at the national, state and local levels. This uncertainty affects businesses considering when they must file actions and those assessing whether a risk of anticipated litigation has been extinguished. It also…

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Adapting E-Discovery Workflows to a Remote Work Environment

By Ted Jacobs, May Tal Gongolevsky, Victoria Rutherfurd & Joshua Satter

May 21, 2020

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 suited to remote work given the advanced evolution of technologies available to address challenges, below are five key areas to address in the current COVID-19 environment. 1. Litigation Holds: How Are Your Custodians Communicating and…

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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…

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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,…

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eDiscovery and Technology

By Nkosi Shields & Karen DeSouza

May 3, 2018

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 Information (ESI) continues to grow, it is critical for all attorneys to understand ESI and evolving technology. This need for competence is only enhanced as the volume of ESI increases and new technologies and methods…

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 Judges are really saying about Technology Assisted Review

By James A. Sherer, David Choi & Csilla Boga-Lofaro

April 6, 2018

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 discovery – that is, taking a repetitive task traditionally performed entirely by attorneys and introducing the concept of computer assistance to increase efficiency and improve consistency. And while some of the marketing efforts surrounding TAR…

Discovery Advocate

Social Media Privacy Settings May Not Protect Your Information From Discovery

By Carey Busen

March 15, 2018

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 most social media users have not considered whether those privacy settings protect their information from production in litigation. The Court of Appeals of New York recently considered the issue.…

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

News, Developments and Practical Advice on eDiscovery in the trenches of Litigation

Blog Authors

Key COVID-19 Considerations for U.S. Discovery and Information Governance

COVID-19 and U.S. Statutes of Limitation

Adapting E-Discovery Workflows to a Remote Work Environment

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

eDiscovery and Technology

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

What Judges are really saying about Technology Assisted Review

Social Media Privacy Settings May Not Protect Your Information From Discovery

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

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