Electronic Discovery International Trade

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How to Find a Quantum of Solace With Multi-Language eDiscovery

“Where there’s smoke, there’s fire.” These words, spoken by James Bond in From Russia With Love, encapsulate the fears many have in the wake of the UK’s historic vote to Brexit the EU. Amid continued warnings about markets...more

Court Denies U.S. Government’s Warrant to Obtain Overseas Data (New York)

Microsoft Corp. v. United States (In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corp.), 2016 U.S. App. LEXIS 12926 (2d Cir. N.Y. July 14, 2016) - In this case, the appellant...more

Brexit: Through the Eyes of a US Legal Team

The headlines are nearly ubiquitous at this point: this summer, the people of the United Kingdom voted to leave the European Union. The reasons cited for leaving are varied and complicated, with many commentators still...more

SEC Adopts Payment Disclosure Rules for Companies Engaged in Resource Extraction

The U.S. Securities and Exchange Commission (the “SEC”) has adopted new rules which require “resource extraction issuers” to disclose annually the type and amount of payments that they (or their subsidiaries or entities under...more

Global Predictive Coding: Going for the Gold

This week, athletes from around the globe will gather at the 2016 Summer Olympics to compete for gold medals and present years of hard work and dedication. With the Olympics as a backdrop, there is no better time than to...more

Court: Stored Communications Act Warrant Cannot Be Used to Seize Data Held Overseas

In a case that may have significant impact for companies providing public Internet and cloud services, the Second Circuit has ruled that a federal court may not issue a criminal warrant ordering a U.S. company to produce...more

Second Circuit Rules that Federal Warrants Do Not Apply to Electronic Information Stored Overseas

On July 14. 2016, the Second Circuit ruled that the government cannot lawfully use a search warrant to compel access to consumer data stored by Microsoft Corporation (Microsoft) overseas. In its decision, the court overturned...more

Decision Holds That Search Warrant Cannot Compel Data Stored Overseas

The landmark ruling is the first by a federal court of appeals to address the extraterritoriality of the Stored Communications Act. Microsoft and other US-based internet service providers won a major victory on July 14...more

Canadian LNG from a Global Perspective

The stakes are considerable. In the event a significant amount of liquefaction capacity is approved, Canada could become an important player on the global LNG stage. By contrast, should the industry stall, it could be a...more

ICYMI: Ediscovery in China [Webinar]

The Implications of China’s Regulatory Framework - Unlike the United States, China does not have formal discovery practices in civil litigation, which presents initial contentions between these legal systems on opposite...more

6 Steps for Complying with the DOJ’s FCPA Pilot Program

On May 19, we outlined the contours of the new pilot program for the voluntary disclosure of Foreign Corrupt Practice Act (FCPA) violations, which is part of the newly released FCPA Enforcement Plan and Guidance from the...more

English Court Approves Use of Predictive Coding

The English High Court recently permitted a party to use predictive coding technology in a contested application. Only a few months ago in Pyrrho Investments Ltd and another v MWB Property Ltd and others (2016) EWHC...more

Joe Spinelli on the Kroll-Ethisphere Anti-Bribery & Corruption Report [Video]

In part one of a two-part series, Joe Spinelli, Senior Managing Director at Kroll in the Investigations and Disputes Practice, addresses a number of findings as referenced in the Kroll-Ethisphere “The Year of Global...more

Current Issues in U.S. Litigation Discussed at Korean CLE Seminar

On April 15, 2016, a select group of Korean patent and intellectual property attorneys convened at the Ritz Carlton Hotel in Seoul for a continuing legal education seminar entitled “Current Issues in U.S. Litigation.” The...more

Federal Appeals Court Set to Issue One of the Most Important Privacy Rulings in a Generation

For months, the technology and business communities have been waiting anxiously for a Federal appeals court ruling on whether American companies can be forced to turn over customer information to U.S. law enforcement when...more

Disclosure in a digital age – How reforms and technology can reduce the costs of disclosure in arbitration and court

Managing the cost of litigation to business remains one of the toughest issues confronting any lawyer today. As the challenge of keeping costs proportionate seemingly gets more difficult by the day, we consider the impact of...more

UK High Court Approves the Use of Predictive Coding in Litigation

Legal technology providers in the UK have a lot to celebrate as the English High Court recently approved the use of predictive coding for disclosure in litigation. The judgment, handed down by Master Matthews in Pyrrho...more

The Panama Papers & The Tempo of International Corruption Cases  [Video]

An interview on CNBC Powerlunch (April 4th, 2016) where I discuss the implications of the recent Panama Papers leaks. What does this mean for the future of tax havens? Also, will be the appetite for local enforcement in those...more

What Impact Will the New French Data Processing Standard Have on eDiscovery?

On January 28, the French data protection authority, CNIL, issued Single Authorization Decision No. 46 (AU-46), which governs how certain companies request permission to process personal data for litigation. The French...more

UK Court Approves Predictive Coding for First Time (Court of International Trade)

Pyrrho Investments Ltd. V. MWB property Ltd. [2016] EWHC 256 (Ch) - In this breach of fiduciary duty case in the United Kingdom, the parties’ edisclosure — the UK version of ediscovery — was vast, with one backup tape...more

Discovery Implications of the EU Data Protection Regulation

A recent article by my Kroll Ontrack colleagues from across the pond, Lawrence Ryz and Tracey Stretton, details the new EU Data Protection Regulation, which aims to solidify and unify the European Union’s data protection...more

A Q&A with Chris Dale Regarding the UK Pyrrho Predictive Coding Judgment

Why has predictive coding or technology assisted review (TAR) been accepted just now in the courts of England and Wales? I don’t think there is a particular reason why the beginning of 2016 should bring us this...more

Explore the Global Expansion of Ediscovery

Ediscovery is in the midst of global change. Even for countries with legal frameworks that don’t require parties to disclose electronic documents, global ediscovery is emerging as a critical component of business and...more

Have Some TAR With Your Tea and Crumpets

And then there were three. As of this week, the UK has now joined the United States and Ireland as jurisdictions with judicial decisions supporting the use of technology-assisted review (TAR). In Pyrrho Investments...more

When It Comes to eDiscovery, Think Globally, But Localize Your Approach

For years, the environmental movement has encouraged people to take action in their own communities, with the goal of their local steps eventually effecting change for the entire planet. A similar approach of thinking...more

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