James Sherer

James Sherer

BakerHostetler

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Newsfeeds and Notice – How Social Networks Might Affect Class Action Litigation

The resources from which people obtain, and choose to obtain, information have changed dramatically. A recent and highly publicized discussion of how information is exchanged might be the so-called filter bubble that many...more

11/21/2016 - Class Action Class Certification Facebook Rule 23(b)(3) Social Media Twitter

Conclusion: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Are you...

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

12/1/2015 - Discovery Federal Rules of Civil Procedure Objections Proportionality Record Preservation

Day 4: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Rule 34...

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

11/30/2015 - Discovery e-Discovery Federal Rules of Civil Procedure Litigation Strategies Rule 34 Young Lawyers

Day 3: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Preservation

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

11/25/2015 - Duty to Preserve Electronically Stored Information Federal Rules of Civil Procedure Litigation Strategies Trial Preparation Young Lawyers

Day 2: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Early Case...

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

11/24/2015 - Corporate Counsel Discovery Electronically Stored Information Federal Rules of Civil Procedure Litigation Strategies Trial Preparation Young Lawyers

Day 1: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Proportionality

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

11/23/2015 - Discovery e-Discovery Federal Rules of Civil Procedure Litigation Strategies Rule 26

Federal Trade Commission Joins with Industry Experts to Provide Start-Ups and Developers with Practical Advice at “Start with...

The FTC has a history of offering practical advice to organizations and consumers to protect against security threats and related concerns, and is continuing this practice with the upcoming – and very first – “Start with...more

8/25/2015 - Business Development Cybersecurity Data Privacy Data Security FTC Popular Startups

Developing or Enhancing “Bring Your Own Device” Programs – Your First Five Questions . . .

This is the second blog post in Discovery Advocate’s new series, “Your First Five Questions,” in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you...more

8/6/2015 - Data Protection Data Security Employment Policies EU Data Protection Laws International Data Transfers Mobile Devices

Bring Your Own Device (Everywhere): Legal and Practical Considerations for International BYOD Programs

The cross-use of mobile devices for personal and professional purposes, commonly referred to as “Bring Your Own Device” or “BYOD”, is a relatively recent phenomenon that has created a host of legal and practical challenges...more

3/31/2015 - Best Management Practices Bring Your Own Device Corporate Counsel Employer Liability Issues Employment Policies Popular

2014 Information Governance Year in Review

2014 has been perhaps the biggest year Information Governance (“IG”) has seen. A relatively small and, if not unknown, at least undefined field only a few years ago has grown into an area of interest—and concern—to many...more

12/22/2014 - Corporate Management Data Protection Discovery Electronically Stored Information Information Governance Popular Privacy Policy

From Sedona to Georgetown to New York—What’s Fashionable in eDiscovery This Year?

It’s that time of year, when bench, bar, vendors, and clients think big eDiscovery thoughts. They go to The Sedona Conference (which is not in Sedona), Georgetown Law’s Advanced eDiscovery Institute (which is not at...more

12/11/2014 - Bring Your Own Device Cloud Computing Cybersecurity Discovery Professional Conferences Technology-Assisted Review Third-Party Service Provider

The FTC’s Thoughts on Why “Unlimited Data” Shouldn’t Need Scare Quotes

On October 28, 2014, the United States Federal Trade Commission (FTC) sued AT&T’s mobile division in the Northern District of California (F.T.C. v. AT&T Mobility LLC, Case No._ [N.D. Cal., Oct. 28, 2014] “AT&T Mobility”). The...more

11/17/2014 - AT&T Mobility Broadband Data Plan FTC Wireless Industry

Are you—or someone you love—a content hoarder?

Hoarding is defined clinically as embodying “a persistent difficulty discarding or parting with possessions because of a perceived need to save them.” That accumulation occurs regardless of the actual value associated with...more

9/18/2014 - Electronically Stored Information

Are You Facing the Prospect of a Merger Investigation?

If your organization is facing the prospect of a merger investigation and your lawyers haven’t raised the prospect of technology-assisted document review (“TAR”), then maybe you should be talking with someone...more

5/8/2014 - Document Review Internal Investigations Mergers Predictive Coding Software Subject Matter Experts Technology-Assisted Review

What? The Rules Committee Hearings Don’t Have A Hashtag?

On a snowy Sixth Avenue this week, thousands of people packed the New York Hilton Midtown for the sensory overload that is LegalTech New York (#LTNY), the annual E-Discovery, privacy, and information governance bash....more

2/7/2014 - Marketing

Information Governance – The importance of putting your data house in order

Information is the lifeblood of businesses today. As the volume of data continues to grow exponentially, intelligent governance of information is essential for enterprises to survive and thrive. Data security concerns,...more

2/6/2014 - Cybersecurity Data Breach Data Protection

E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World Doesn’t Just Seem Bigger

In some respects, 2013 seemed like a conversation between Vladimir and Estragon. Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected...more

1/2/2014 - Big Data Data Retention Discovery Information Governance Metadata Predictive Coding Spoliation

International Privacy - 2013 Year in Review

2013 was a year in contrasts within data privacy. To begin with the “normal” course, Canada sought (but failed) to pass a mandatory breach notification amendment to its federal privacy law, and Uruguay acceded to the European...more

12/30/2013 - Data Breach Data Protection Edward Snowden Notice Requirements NSA Personally Identifiable Information Surveillance

International Privacy - 2013 Year in Review - Ukraine

Ukraine privacy law is undergoing a dramatic shift with its introduction of new legislation, “On Amending Certain Legislative Acts of Ukraine Regarding Improving the System of Personal Data Protection,” enacted on July 3,...more

12/30/2013 - Consent Data Protection EU Notice Requirements Personally Identifiable Information

International Privacy - 2013 Year in Review - Canada

This fall, Canadian Parliament failed to pass proposed amendments to its federal privacy law that would impose a mandatory breach notification requirement. Bill C-12, originally introduced in 2010 and reintroduced in 2011,...more

12/30/2013 - Breach Notification Rule Canada Data Breach Data Protection Notice Requirements Personally Identifiable Information PIPEDA

International Privacy - 2013 Year in Review - Africa

On August 22, 2013, after four years of deliberation, the South African Parliament passed the first comprehensive data protection legislation in South Africa, the Protection of Personal Information (POPI) Bill. This Bill...more

12/30/2013 - Africa Consent Data Collection Data Protection Disclosure Requirements Personally Identifiable Information

International Privacy - 2013 Year in Review - European Union

Outside of the EU, concerns continue after the former NSA contractor Edward Snowden leaks demonstrated issues related to U.S. handling of European data. Beginning in July, 2013, the ongoing Transatlantic Trade and Investment...more

12/30/2013 - Contractors Cybersecurity Data Protection Edward Snowden EU EU Data Protection Laws European Commission NSA Surveillance TTIP

International Privacy - 2013 Year in Review - Central and South America

1. Costa Rica - On March 5, 2013, Costa Rica’s data protection law, originally passed in 2011, came into force. The law, the Ley Protección de la Persona frente al tratamiento de sus datos personales, Law...more

12/30/2013 - Breach Notification Rule Data Breach Data Collection Data Processors Data Protection Latin America NSA Personally Identifiable Information PRISM Program

International Privacy - 2013 Year in Review - Asia

1. China - China’s Personal Information Protection Law Proposal was submitted to the State Council in 2008, which was followed by the Ministry of Industry and Information Technology’s non-binding Internet...more

12/30/2013 - Asia China Data Collection Data Processors Data Protection Hong Kong India Japan Personally Identifiable Information

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