Administrative Agency Electronic Discovery

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Arizona Enacts Limited Privilege For Insurance Self-Audits

Arizona has enacted a privilege applicable to voluntary compliance audits conducted by insurance companies. This “self-evaluative” privilege protects audit documents and testimony in civil and some administrative proceedings....more

Highlights of the UARG v. EPA Decision

On Monday, the Supreme Court’s decision in Utility Air Regulatory Group v EPA, No. 12–1146 (June 23, 2013) limited EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act, reversing in part and affirming...more

Data Management for Health Care Organizations: Is Your Head in the Sand? The Data Is Not There

It is virtually inevitable that health care companies will be called upon to preserve, collect, review and produce some portion of their electronic records. Health care companies face unique and complex challenges as they...more

Attention Employers: Be Careful How You Classify Your Litigation Support or E-Discovery Employees

On September 24, 2012, United States District Judge Scheindlin, recognized and respected for her e-Discovery related opinions, ruled that a law school graduate who was hired as a $75,000-a-year litigation graphics consultant...more

N.Y. District Judge Sanctions City for Spoliation of E-mails

DMAC LLC, et al., v. City of Peekskil, et al., 2012 U.S. Dist. LEXIS 138605 (S.D.N.Y. Sept. 17, 2012). On September 17, 2010, Magistrate Judge Yanthis of the Southern District of New York sanctioned the City for...more

New FTC Rules Address Electronically Stored Information and Privilege Issues

The Federal Trade Commission (FTC) promulgated revised rules concerning its investigative procedures, which take effect on November 9, 2012. Several changes concern the treatment of electronically stored information (ESI) and...more

Preparing for Data Collection in Internal Investigations

Patrick Kellermann from LeClairRyan, an expert in e-discovery and data compliance issues, joins us again as a contributor. His profile can be viewed here {see alert for link}. In all honesty, document collection and...more

Revised Cyber Security Act 2012

Congress has been struggling with cyber security issues for several years, most recently in connection with the Cybersecurity Act of 2012 (CSA2012). CSA2012 is an attempt to protect the nation’s critical infrastructure...more

#Ediscovery & Biz Data Keeps you from Sleeping? Know Data Retention Policy's 4 Pillars. Primer.

Writing a Data Retention Policy may seem unimportant when there are so many other aspects of running a business that require your attention, but having one in place will save your company lot of time, money, and headache if...more

Judge Scheindlin Sends Federal Agencies a “Message” About Their E-Discovery Obligations Under the Freedom of Information Act

Nat’l Day Laborer Org. Network v. United States Immigration & Customs Enforcement Agency, 2012 U.S. Dist. LEXIS 97863 (S.D.N.Y. July 13, 2012). Shira A. Scheindlin, U.S.D.J. for the Southern District of New York, has...more

Do Public Records Have to be Readable to be Subject to Release under OPRA?

Do Public Records Have to be Readable to be Subject to Release under OPRA? by Sheri Siegelbaum on August 24, 2012 The New Jersey Open Records Act (OPRA) continues to pose challenges for municipalities. In a recent...more

FOIA Requests for Electronic Records

Freedom of Information Act coordinators have a difficult task nowadays given the exponential growth of electronic records. In order to ease the burden of responding to myriad requests for public records, FOIA coordinators...more

Record Highs and Lows in New Jersey’s Uncertain Solar Market

New Jersey’s solar market hit record highs on the development side in the face of record lows in Solar Renewable Energy Credit (SREC) prices during the first quarter of 2012. A record 685 solar projects were installed in...more

Government Electronic Public Records

Electronic record keeping is now pervasive as businesses, individuals and governments increasingly transact their affairs and store records by means of electronic media. Law review commentary and texts on electronic discovery...more

Why Your Social Media Presence Needs To Be Vetted By A Social Media Attorney

An ounce of prevention is worth a pound of cure” is a very fitting description for what businesses are learning when they do not have their social media presence reviewed by a social media law attorney. Here are a few...more

New Federal Guidelines Promote Uniform Treatment of E-Discovery in Criminal Proceedings

The Department of Justice (DOJ), the federal courts, and the criminal defense bar have developed a set of guidelines that appears to be a major step towards uniform treatment of e-discovery in federal criminal...more

Responding to Comprehensive Financial Fraud Enforcement Efforts

When the President of the United States highlights an enforcement initiative in the State of the Union Address, as he did on January 24, 2012, it likely is a strong indication of things to come. And action was swift....more

Facebook Profile Subject to Discovery

The U.S. District Court for the Middle District of Pennsylvania recently considered whether information contained within a party's Facebook account is properly subject to discovery. The case arose from a November 2008...more

McAfee & Taft RegLINC: Supreme Court prohibits federal common law nuisance suits seeking limits on carbon dioxide emissions By...

By a vote of 8 – 0, the United States Supreme Court recently ruled that congressional delegation of authority to EPA to regulate pollutants under the Clean Air Act (“Act”) speaks directly to regulation of carbon dioxide...more

Memo on HHS's NPRM: HIPPA Privacy Rule Accounting of Disclosures and Access Reports

On May 31, 2011, the Department of Health and Human Services (“Department”) issued a Notice of Proposed Rulemaking (“NPRM”) as authorized by the HITECH Act of 2009. Primarily, the proposed changes...more

Traveling the New Road to Data Privacy Regulation in the United States: An Examination of Recent U.S. Data Privacy Considerations...

A spate of recent – and renewed – interest in data privacy by the U.S. Government should give those organizations that collect sensitive and personally-identifiable information from individual consumers reason to pause. And...more

California Enacts New e-Discovery Rules That Mirror Federal Court E-Discovery Rules – With One Exception

On June 29, 2009, California Governor Arnold Schwarzenegger signed into law the Electronic Discovery Act (“California EDA”). The California EDA took immediate effect as an urgency measure, “in order to eliminate uncertainty...more

EIM and Litigation Alert: California eDiscovery Legislation Signed Into Law, Effective Immediately

On June 29, 2009, Governor Arnold Schwarzenegger signed into law AB 5, California’s first set of statutes designed to address the realities of electronic discovery. AB 5 adds two new statutes to the California Code of Civil...more

A Hidden Assault on the Corporate Attorney-Client Privilege

On November 12, 2008, the Federal Acquisition Regulation Councils issued a final rule amending Federal Acquisition Regulation (FAR) 52.203-13 to “amplify the requirements for a contractor code of business ethics and conduct,...more

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