Rachel Teisch

Rachel Teisch

Xerox Litigation Services

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Latest Publications


The Land of the Rising Sun—and Rising Data Protection Requirements

Between January 2016 and September 2017, a series of amendments to Japan’s Act on the Protection of Personal Information (APPI) will go into effect. The amendments, which were promulgated in September 2015, are the first...more

11/16/2015 - Data Collection Data Protection Discovery International Data Transfers Japan Personal Data Popular

Will There Be an APAC Safe Harbor?

On October 5, while the European Union’s highest court was busy striking down its Safe Harbor permitting the cross-border transfer of personally identifiable information, 12 countries reached a consensus on data transfers...more

11/5/2015 - Cross-Border Data Privacy Data Transfers EU International Data Transfers Safe Harbors Trans-Pacific Partnership

A Trick-or-Treater’s Guide to the Federal Rule Amendments

Unless Congress takes action within the next month, important amendments to the Federal Rules of Civil Procedure will take effect on December 1, 2015. Several of these changes will shape how we approach e-discovery, but will...more

10/30/2015 - Discovery Federal Rules of Civil Procedure Proportionality Sanctions

Social Media Is the Kardashians of E-Discovery

Now that Taylor Swift has supplanted Kim Kardashian West as the queen of Instagram with 50.6 million followers, will people stop talking about her and the rest of the Kardashian clan? Of course not. As of October 2015, Kim...more

10/16/2015 - CNN e-Discovery Evidence Facebook Geolocation Instagram Kim Kardashian LinkedIn Mobile Apps Mobile Devices Popular Privacy Settings Selfies SnapChat Social Media Social Networks Taylor Swift Twitter WhatsApp Wireless Devices Wireless Technology

A Survival Kit for Cross-Border Discovery

“One thorn of experience is worth a whole wilderness of warning.” This quote, from Fireside Poet and literary critic James Russell Lowell, described Shakespeare, but it applies equally to the practice of cross-border...more

9/17/2015 - Cross-Border Discovery Foreign Language Personally Identifiable Information Redaction

Around the (E-Discovery) APAC World in 80 Seconds

Although the Asia-Pacific (APAC) region is generally light on rules governing e-discovery, it transforms into a heavyweight contender when U.S. litigants must collect and review data there. With an accelerated rate of...more

8/13/2015 - Asia Pacific Australia Cross-Border Discovery Hong Kong International Litigation New Zealand Singapore

Are You the Next Cybercrime Target?

How valuable is your data? If you store personally identifiable information, such as Social Security numbers, protected health information under HIPAA, and even more mundane information such as dates of birth and e-mail...more

8/7/2015 - Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Protection Electronically Stored Information Encryption HIPAA Malware Popular Security Audits Software Texting Wifi

Don’t Sling Your Data Around in Singapore

Singapore: it is the globe’s fourth-largest financial center and the only Asian nation with a top AAA rating from the three primary credit rating agencies. But, despite its reputation as one of the most business-friendly...more

7/23/2015 - Data Collection Data Protection Personally Identifiable Information Privacy Policy Singapore

Progress on Data Protection in the European Union

We may see the final text of the proposed EU General Data Protection Regulation by the end of 2015. In mid-June, the Council of the European Union set forth an agreed general approach to the proposed EU General Data...more

7/2/2015 - Data Controller Data Protection Data Security EU EU Data Protection Laws One-Stop Shop Popular Right to Be Forgotten

E-Discovery Down Under

In Crocodile Dundee, a teenager approaches Michael “Mick” Dundee on the streets of New York, seemingly to ask for a light. As Mick complies, the kid pulls out a switchblade and demands his wallet. Though his date suggests...more

6/19/2015 - Australia Data Privacy Discovery International Data Transfers

How Tech Savvy Is Your Firm?

The times they are a changin’. A new survey, “BTI Brand Elite 2015: Client Perceptions of the Best-Branded Law Firms,” of 700 Fortune 1000 corporate counsel reveals that more law firms are turning to technology “as a source...more

6/13/2015 - Analytics Discovery Innovation Technology Technology-Assisted Review

Assuring Regulatory Compliance Doesn’t Get Lost in Translation

In The Hitchhiker’s Guide to the Galaxy, hapless Earthling Arthur Dent jams a Babel fish in his ear that gives him the ability to instantly understand anything in any language around the universe. If only global e-discovery...more

6/5/2015 - Compliance Discovery Electronically Stored Information FCPA International Litigation

It’s 10:00 PM Somewhere. Do You Know Where Your Data Is?

For American companies doing business abroad, it is time—past time, in fact—to consider how and where you are storing your data. If you answered “in the cloud,” you need to do some probing, stat. ...more

5/12/2015 - Cloud Computing Cross-Border Data Storage Providers EU Popular

Trends in Litigation Support Outsourcing

The rising costs of legal services, continuing growth of Big Data, and budget pressures have popularized legal process outsourcing over the last two decades. This can take the form of outsourcing back office functions such as...more

5/4/2015 - Discovery Outsourcing Technology-Assisted Review Third-Party Service Provider

Are China’s New Data and Cybersecurity Regulations a Wolf in Sheep’s Clothing?

As the Year of the Sheep gets underway, it is already apparent that the Chinese government will not be living up to the meek reputation of its zodiac representative—at least not as far as data and cybersecurity are concerned....more

3/5/2015 - China Cybersecurity Data Protection New Regulations

How to Identify Hidden Risks in Big Data

T.S. Eliot wrote, “Only those who will risk going too far can possibly find out how far one can go.” While this may be an inspiring philosophy in many respects, it is a dangerous path for corporations that push the envelope...more

1/30/2015 - Big Data FCRA HIPAA PCI Risk Assessment

Your New Year’s Resolutions Are the Stuff of E-Discovery

If you’re among the nearly half of Americans who make a list of lofty resolutions every January 1, e-discovery was probably the last thing on your mind as you pledged to lose weight, exercise more, eat healthier, or get...more

1/14/2015 - Canada Discovery HIPAA Internet of Things Privacy Concerns Wearable Technology

E-Discovery Year in Review, Part 2

In our last blog, we explored how popular song lyrics reflected some of the salient themes in e-discovery during 2014. In this blog, we’ll conclude our assessment with the most popular songs—and some of the most important...more

1/8/2015 - Discovery Document Management Document Productions Electronically Stored Information Federal Rules of Civil Procedure Sanctions Technology-Assisted Review

E-Discovery Year in Review, Part 1

As Oscar Wilde suggested, life often imitates art. Indeed, this year, e-discovery imitated art: lyrics from a surprising number of the top 14 songs of 2014 (according to iTunes downloads) eerily match some of this year’s most...more

12/31/2014 - Corporate Counsel Cybersecurity Discovery Document Requests Federal Rules of Civil Procedure SCOTUS Spoliation Technology-Assisted Review

Taking a Forward-Looking Approach to Enterprise Risk Management

Traditionally, organizations have taken a backward-looking approach to risk, evaluating potential hazards on a siloed, departmental basis after a loss of assets. Organizations often take few proactive steps to detect risks,...more

12/23/2014 - Risk Assessment Risk Management Third-Party Risk

A Game-Changer for E-Discovery in Hong Kong

For parties engaged in cross-border investigations or disputes in Asia, as of September 1, 2014, civil litigants in Hong Kong must follow new rules that govern the discovery of electronically stored information (ESI) set...more

12/18/2014 - Cross-Border Discovery Electronically Stored Information Hong Kong Popular

Don’t Be the Next Data Breach Target

As the much-publicized data breaches of the last year reveal, third parties are often the gateway to an organization’s data. As repositories of vast amounts of confidential client data in e-discovery, such as personally...more

12/15/2014 - Cybersecurity Data Breach Data Protection Personally Identifiable Information Popular Trade Secrets

How Well Do You Know Your Ethical Responsibilities Surrounding the Use of Technology-Assisted Review?

Lawyers who fail to comprehend the ethical challenges surrounding the use of technology-assisted review (TAR) may unknowingly damage their clients’ cases and risk sanctions for the spoliation of evidence. Therefore, it is...more

11/13/2014 - Legal Ethics Spoilation Technology-Assisted Review

The Fastest Document Reviewer in the World

Every four years, the Summer Olympic Games crowns the winners of the 100-meter dash and dubs them the fastest man and woman in the world. Currently, the world record for the men’s event is 9.58 seconds, while the women’s...more

10/31/2014 - Attorney-Client Privilege Document Productions Document Review Federal Rules of Evidence

The Home Depot Data Breach: There’s No Time Like the Present for Cybersecurity

As Home Depot’s recent cybersecurity breach emphasizes, there is no time like the present to institute controls designed to prevent an attack. In the latest data security breach, Home Depot’s servers were broken into,...more

9/23/2014 - Best Management Practices Cybersecurity Data Breach Home Depot Internal Controls Popular Risk Assessment Risk Management

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