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Electronic Discovery Privacy

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

Wednesday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week...more

Tuesday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the...more

Key Considerations for Adopting Ephemeral Communications Tools

by Mintz Levin - Mintz Edge on

The combination of emerging technologies, information security risks and electronic discovery obligations continues to give rise to questions regarding best practices for adoption of modern ephemeral communication tools in...more

Don’t Let Data Walk Out the Front Door: 7 Security Measures for Preventing Data Loss When Employees Leave

by Exterro, Inc. on

With all the news surrounding data breaches and information leaks, it’s easy to overlook the fact that the number one path sensitive/confidential information illegally enters the public domain is when employees leave their...more

Monkey See… Now, How NOT To Do

Wells Fargo’s inadvertent production of personal identifying information (“PII”) in a case involving a former employee became national news when the New York Times broke the story late last week. Discovery practices are...more

Questions About FOIA and E-Discovery? Look No Further!

by Exterro, Inc. on

Corporations struggling under mountains of electronic data and rapid fire e-discovery requests may find solace in the fact that they don't have it nearly as bad as many government agencies answering requests under the Freedom...more

DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends

by CloudNine on

A rare two-topic day, but both are notable… Remember the Microsoft Ireland Warrant case, where the Second Circuit reversed earlier rulings and denied the government’s efforts to compel Microsoft to provide emails in that...more

Senate Considers Potential Changes to ECPA to Ease Access to Electronic Data Across Borders

Terrorist attacks, most recently in London and Manchester, England, have raised the pressure on law enforcement and lawmakers in countries like the U.K. and the U.S., to proactively intercept and interrupt terrorist...more

Over 80 Percent of Hacking Related Breaches Were Related to Password Issues: Cybersecurity Trends

by CloudNine on

I’ve referred to last year’s Verizon Data Breach Investigations Report (DBIR) in several webcasts lately (including this one) and realized that this year’s report should have already come out by now. Sure enough it has,...more

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

Google Again Ordered to Produce Internationally Stored Data: eDiscovery Case Law

by CloudNine on

In the case In re: Search of Content that is Stored at Premises Controlled by Google, Case No. 16-80263 (N.D. Cali., Apr. 19, 2017), California Magistrate Judge Laurel Beeler, noting that the “SCA regulates disclosure of data...more

Few States Still Have an Ethics Opinion Regarding Lawyer Cloud Usage: eDiscovery Best Practices

by CloudNine on

The Legal Technology Resource Center (LTRC) of the American Bar Association’s (ABA) web site has a great resource for those who want more information regarding a variety of technical topics, including the ethics for lawyers...more

You Have to Be Certifiable to be Privacy Shield Approved: eDiscovery Trends

by CloudNine on

At a session at The Master’s Conference Chicago event this week, there was an entire session dedicated to international eDiscovery and privacy considerations. Some of the discussion centered around the General Data...more

Reporting From the EDRM-Duke Law 2017 Spring Workshop: eDiscovery Best Practices

by CloudNine on

This blog post is a little longer than most as there is a lot to cover here… This week, EDRM held its first Spring Workshop since it was acquired by Duke Law last August, which means this was the first workshop held at...more

Warrant Needed for “Black Box” Data in Florida

by Wilson Elser on

In a case of first impression in Florida, a split appellate court in State of Florida v. Charles Wiley Worsham Jr., No. 4D15-2733 (Fla. Dist. Ct. App. Mar. 29, 2017), held that a warrant was necessary before law enforcement...more

Ransomware Makes You Wanna Cry: Cybersecurity Trends

by CloudNine on

This must be our month for ransomware stories.  Unless you have been living under a rock for the past several days, you’ve undoubtedly heard about the WannaCry virus that has been attacking Microsoft© Windows machines without...more

It’s Not the Size That Matters, It’s What You Do With It: eDiscovery Best Practices

by CloudNine on

...We certainly have talked a lot about the impact of Big Data and the Internet of Things on this blog as new challenges presented to today’s attorneys, and they are, but challenges have always existed for attorneys in...more

Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google...more

Court Approves Defendant’s Proposed Random Sampling Production Plan: eDiscovery Case Law

by CloudNine on

In Duffy v. Lawrence Memorial Hospital, No. 14-2256 (D. Kansas, Mar. 31, 2017), Kansas Magistrate Judge Teresa J. James granted the Motion to Modify Discovery Order from the defendant (and counterclaimant), where it asked the...more

The Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends

by CloudNine on

This is the second story that I’ve covered in the past several months where cybersecurity concerns impacted merger and acquisitions. See below for more on the first one… After Verizon Communications took a $350...more

EDRM Releases New Security Questionnaire: eDiscovery Trends

by CloudNine on

As promised when they announced the project last August, EDRM announced last week the release of a new Security Audit Questionnaire, which is designed to be a practical tool for evaluating the security capabilities of...more

Lawyer’s Pants Literally Catch on Fire and Alexa to “Testify”: eDiscovery Trends

by CloudNine on

OK, this first story isn’t exactly an eDiscovery story, but it’s too good to pass up… Here’s a question for you: Would you believe what a lawyer was telling you during closing arguments if his pants were, literally, on fire?...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

by Jackson Lewis P.C. on

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

New Survey Says 75 Percent of Respondents Unfamiliar with China’s New Cybersecurity Law: eDiscovery Trends

by CloudNine on

Are you familiar with it? According to a survey conducted by Consilio and released earlier this week, 75 percent of legal technology professionals responding to the survey indicated that they are not familiar with...more

“Alexa, Are My Questions to You Discoverable?”

by Williams Venker & Sanders on

The Amazon Echo is a hands-free speaker controlled with your voice. It features a personal assistant, “Alexa,” who will perform various tasks for the user in response to the “wake word,” Alexa. Over the holidays, I observed...more

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