Electronic Discovery Updates

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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Will Amendments to Federal Rules of Civil Procedure 26(b)(1) and 37(e) Reduce the Scope and Costs of Discovery?

December 1, 2015, which quite fittingly has been declared the inaugural E-Discovery Day, marks the implementation of a package of amendments to the Federal Rules of Civil Procedure, concluding a process that began more than...more

ESI & eDiscovery FRCP Changes @ 12/1/15 — While You Were Leftover-Eating

Introduction: Now that you’ve likely had your fill of turkey sandwiches, turkey salad, turkey soup and the like, there is a new development on which to focus. On midnight December 1, 2015 the eDiscovery-related Federal Rules...more

Important Changes to the Federal Rules

Be prepared to adapt your litigation and cost management strategies to the new amendments to the Federal Rules of Civil Procedure (“FRCP”) which will take effect on December 1, 2015. The amendments follow a four-year effort...more

Schrems & The Collapse of Safe Harbor: What Are The Alternatives to EU Data Collection? [Video]

In the second part of a Front-Line interview, Jo Sherman, CEO, EDT, shares her views on how organizations can comply with new EU regulations in the context of the recent Schrems decision, and the collapse of safe harbor. As...more

Economic Freedom, “Hong Kong Style”: Respecting Privacy And Ensuring Companies Can Resolve Disputes Efficiently

Hong Kong has always been known for its economic freedom. However, that economic freedom needs rules and protections to operate on a day-to-day basis. Recently, Hong Kong has taken bold steps forward with new rules and...more

Amendments to Federal Civil Rules Governing Discovery and Preservation of ESI Set to Take Effect December 1, 2015

The course of federal civil litigation will take a turn on December 1, 2015, with pending amendments to several rules governing discovery, case management, and the preservation of electronically stored information (“ESI”) set...more

A Veritable Feast: E-Discovery Tools and Resources for the Holiday Season

Thanksgiving is a time of reflection, for looking back on the challenges of the previous year and recognizing all those who supported us through them. It’s also a time of preparedness. Yes, most people see Thanksgiving as the...more

Begin with the End in Mind: Collaboration with Outside Counsel in Preparing Trial-Ready Initial Pleadings

If there is a secret to effective business litigation, it is planning early and well – as early as preparing the complaint or, for defendants, their answer and defenses. While a cogent, powerful opening pleading has always...more

The New Rules: Making Lawsuits Speedier and Less Expensive

Be prepared, litigators, amendments to the Federal Rules of Civil Procedure are coming on December 1, 2015. These changes represent the Advisory Committee’s attempt to fulfill Rule 1’s goal of “just, speedy, and inexpensive”...more

An End to the Kitchen Sink Approach to Discovery Objections

After constant complaints from litigants and lawyers on the length, breadth, and costs of discovery, there seems to be a real effort afoot to solve all three of these problems. The upcoming amendments to the Federal Rules of...more

Expect New Cybersecurity Regs from New York DFS

DFS identified several areas that would be the subject of specific requirements in the potential regulations. These include requirements for (i) cyber security policies and procedures, (ii) third-party service provider...more

FFIEC Releases Revised Management Booklet with Emphasis on Sound IT Governance

On November 10, the FFIEC issued a revised Management booklet, which outlines the principles of overall sound governance and, more specifically, IT governance. The booklet is one of 11 that makes up the FFIEC’s Information...more

High Noon at the Train Station: Social Media and Modern E-Discovery

Most people take time zones for granted these days, but it was this week in 1883 that railroad companies in both Canada and the United States started using four continental time zones. Until then, time was local, based on...more

The LabMD Case: Further Defining the FTC’s Enforcement Powers

The scaffolding of the FTC’s powers in the realm of cybersecurity continues to be built. On Monday, the FTC’s Chief Administrative Law Judge D. Michael Chappell issued an initial decision in the FTC’s closely watched...more

Solving the PII Problem: Securing Rogue Data in Discovery

In a recent article, my Kroll Ontrack colleagues Jim Loveall and John Pilznienski discussed the challenges of finding and removing personally identifiable information (PII) during discovery. While most organizations recognize...more

NAIC Cybersecurity Bill of Rights: The Awkward New Guest at the Data Breach Law Party

On October 14, 2015, the NAIC’s Cybersecurity (EX) Task Force adopted a Cybersecurity Bill of Rights, an aspirational, well-intended document outlining the rights insurance consumers should (or could? or might? this point...more

Benchmark surveys: GCs, Executives Not Prepared to Defend Against Cyberbreaches - Key Protective Steps

Although cybersecurity has become a more prominent issue for executives and boards of directors, three recent benchmark surveys - the BDO Board Survey, the 2015 Consero Group’s General Counsel Data Survey, and the 2015 US...more

Amendments to Federal Rules of Civil Procedure Become Effective December 1, 2015

Amendments to the Federal Rules of Civil Procedure take effect on December 1, 2015. Touching a variety of issues, the amendments most significantly impact the scope of permissible discovery and the duty to preserve...more

Court Instructs “More Thorough Search” in Face of Irretrievable ESI (Kansas)

Neonatal Product Group, Inc. v. Shields, 2015 WL 6158810 (D. Kan, Oct. 20, 2015) - In this patent infringement case, the defendants filed a motion to compel against the third party counterclaim defendants. The...more

California Updates Privacy Rights with the Electronic Communications Privacy Act

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

Appellate Court Affirms Order to Produce Records in Native Format (Texas)

In re State Farm Lloyds, 2015 WL 6751057 (Tex. App. Oct. 28, 2015) - In this insurance claim case, the court affirmed an order compelling the defendant to produce records in native format in the face of the defendant’s...more

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

The Schrems Decision and Safe Harbor: Can you bring tools to the data? [Video]

In this Front-Line interview, which is the first of two parts, EDT CEO, Jo Sherman, shares her views as to how data protection and transfer have now changed with regards to the recent Schrems decision. Jo encourages...more

Third Circuit Court of Appeals Affirms Appointment of Special Master for Discovery Matters (3rd Circuit)

Glover v. Wells Fargo Home Mortg., 2015 WL 5947812 (3d Cir. Oct. 14, 2015) - In this appellate case, the court affirmed the district court’s appointment of a special master to supervise discovery, as well as the...more

2015 Amendments to the Federal Rules of Civil Procedure Provide Opportunities for More Aggressive Case Management

On December 1, 2015, substantial changes to the Federal Rules of Civil Procedure (FRCP or Rules) will take effect. The Rule changes affect many aspects of federal court practice, most significantly with respect to the scope...more

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