Electronic Discovery Privacy

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
News & Analysis as of

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

National Data Breach Legislation Advances in House Subcommittee

As the number of high profile data breaches increase, there is mounting pressure on Congress to create a more unified regulatory standard governing company actions in response to a data breach. ...more

New French Data Transfer Rules Could be Sign of BCRs to Come

On March 24, 2015 France’s Data Protection Authority (CNIL) issued a press release announcing the simplification of its data transfer policy. The new requirement will now allow companies to transfer data outside of the EU...more

Australia: Dallas Buyers Club LLC obtains customer identities from ISPs in landmark piracy ruling

On Tuesday 7 April 2015, a single Federal Court Judge ordered six internet service providers (ISPs) to hand over the names and identities corresponding to approximately 4,700 unique IP addresses, which have allegedly...more

NJ first state to restrict access to car recording device data

Did you know that your car has a recording device that records the speed, direction, and location of your vehicle while you are driving it, as well as your steering, braking, seat belt use and erratic driver behavior?...more

Cybersecurity Breach: Are Board Members at Risk?

It seems a month does not pass in which some sort of breach of confidential data of a business is not announced to the public. With the increase in cybersecurity breaches, so increases board members’ exposure to litigation...more

Blog: Class Action Following Health Information Data Breach

As we discussed in our previous post, Premera Blue Cross (Premera) recently revealed that it suffered a massive data breach potentially exposing the personal data of 11 million customers. ...more

Takeaways for Employers on the Hillary E-mail Debacle

5 Reasons Employers Should Prohibit Employees From Using Personal Email Accounts - Recently, a political firestorm has erupted as news stories revealed that Former Secretary of State (and likely Presidential Candidate)...more

Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data

“There are only two types of companies left in the United States … those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of...more

The FCC and the Uncertain Future of Privacy Oversight for Internet Service Providers

The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service...more

When Personal Email Is Serious Business

Hillary Clinton is currently under fire for the use of a personal email account while United States Secretary of State. Mrs. Clinton apparently exclusively (or nearly exclusively) used her personal email account while...more

E-Discovery and Information Management: Electronic Data Breach Of Student Records—The University’s Obligation To Disclose (3/15)

Data security breaches have become unfortunately prevalent amongst higher education institutions. In fact, colleges and universities suffer data breaches at a rate of just over one per week.(1) The Privacy Rights...more

Business information and data processing: tidbits on the draft Code of Conduct

On March 11, 2015 the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Italian DPA“) initiated a public consultation on the draft Code of Conduct concerning the processing of personal data...more

Protecting the Identity of Your LLC Members & LP Partners in Litigation, Part II: Strategies for Discovery

You want to protect the identity of your business’ owners, but your opponent issued discovery requesting a copy of your organizational chart and/or information on the identities of your LLC members or LP partners. You are...more

Finding the Needle When You Can’t Locate the Haystack – How do you narrow down the scope of e-discovery?

Joffe v. Google, No. 3:10-md-02184, currently pending in the Northern District of California, is predicted to be the biggest corporate wiretap case in history – assuming the plaintiffs have standing. ...more

No Captain at the Helm: Information Governance’s Leadership Problem

Effective information governance is about taking information — your most important business asset — and looking at ways to better leverage it in a manner that streamlines the business processes, and reduces costs and risk....more

Electronic Discovery: Beware of Employees Using Personal Email Accounts for Company Business

On March 3, 2015, the front page of the New York Times detailed allegations about an employee who failed to ever obtain a work-issued email account, instead utilizing a personal account solely to conduct all business...more

Brazil Bill Implements New Provisions for International Data Transfers

The Bill’s provisions on international data transfers are most relevant to foreign companies that do business in Brazil. The Brazilian government has issued a Bill for the Protection of Personal Data (Bill) for public...more

An Attempt For ECPA Reform

Under the Electronic Communications Privacy Act of 1986 (“ECPA”), the government can gain access to emails and other electronic communications that are more than 180 days old. This has been termed the “180-day rule,” whereby...more

Altegrity, Inc., Global Provider of Risk Solutions, Files Chapter 11

Altegrity, Inc., who bills itself on its website as “The world’s leading brands in risk solutions, security, ediscovery, data recovery and employment screening,” filed for chapter 11 protection in Delaware on February 8,...more

2014 E-Discovery Year in Review

2014 was another eventful year for e-discovery and information management in Canada. Set out below are some of the major trends and developments that emerged over the last year....more

Also In The News - Health Headlines Jan 2015 #4

CMS Administrator Marilyn Tavenner to Resign in February – CMS Administrator Marilyn Tavenner announced on January 16, 2015 that she will resign her position at the end of February. Tavenner has served in her position since...more

Florida Appellate Court Holds There is No Right to Privacy For Information Posted On Social Media Websites Even When Privacy...

On January 7, 2015, in Nucci v. Target Corp, et al, the District Court of Appeal of the State of Florida, Fourth District upheld a lower court’s order compelling Plaintiff Maria Nucci to produce photographs originally posted...more

Florida Court: Facebook Users Have Only "Minimal" Privacy for Posted Photos - "Private" Facebook and Other Social Media Pages Are...

A Florida appellate court has ordered a plaintiff to produce photographs from her "private" Facebook page in an important decision holding that Facebook users' privacy interests in the content they post – regardless of the...more

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

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