Electronic Discovery Science, Computers & Technology

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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Class Is in Session: The FTC Launches New Data Security Initiative

Why it matters - The Federal Trade Commission (FTC) kicked off a new educational initiative to provide guidance to businesses in the area of data security. Based on the lessons learned from more than 50 of the agency's...more

FFIEC Releases Cybersecurity Assessment Tool

Why it matters - As anticipated, the Federal Financial Institutions Examination Council (FFIEC) released its Cybersecurity Assessment Tool, providing a process for financial institutions' management to gauge their...more

FTC's New Consumer Data Security Guidance Offers Businesses Practical Tips

The Federal Trade Commission has issued new guidance on data security for companies that collect, store and use consumer information, gleaned from the more than 50 enforcement actions brought by the agency over the past...more

Court Takes Middle Ground in Balancing ESI Production Costs (Texas)

F & J Samame, Inc. v. Arco Iris Ice Cream, 2015 WL 4068575 (W.D. Tex. July 2, 2015) - In this trademark dispute case, the plaintiff raised a Lanham Act claim against the defendants’ company, claiming that the defendants’...more

Information Governance: Points from the Professionals

Information governance (IG) is becoming more and more critical to any organization’s success in controlling the sheer mass of data generated in the ordinary course of business. However, determining the best ways to get...more

E-Discovery: If you can’t take the data to the tools, take the tools to the data

Today we welcome Jo Sherman, CEO, EDT Inc. to share some of her thoughts on the challenge of international investigations and data collection/analysis. Given the challenges of discovery and data collection across borders in...more

PII in your ESI: The Intersection of Data Privacy and E-Discovery

There is a significant nexus between data privacy and security and e-discovery that grows more pronounced as the volume of data generated multiplies exponentially and the ability of e-discovery tools to collect and process...more

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection...more

FFIEC Cybersecurity Assessment Tool: Not Just For Financial Institutions

On June 30, 2015, the Federal Financial Institutions Examination Council (FFIEC) released its long anticipated Cybersecurity Assessment Tool (press release here). The FFIEC is a formal interagency organization empowered to...more

Connecticut Imposes New Data Security Obligations

New law will require consumer breach notice within 90 days, identity theft protection for consumers,“kill switch” for smartphones, and implementation of data security programs for certain health providers, state agencies and...more

OPM data breach update: OPM shuts down background check system

The OPM announced this week that it is temporarily shutting down its background security clearance system, e-QIP, as vulnerabilities were found during a review of systems. Presently, according to OPM, the vulnerabilities did...more

Password Best Practices – I know, AGAIN!

With the uptick in high profile security breaches like the Office of Personnel Management, Target, JPMorgan and others, it is easy to become desensitized to the constant risk our cyber lives pose both personally and...more

Connecticut to Tighten Data Privacy Requirements

On June 1, 2015, the Connecticut Legislature passed S.B. 949, a comprehensive data privacy and security bill that tightens the state’s data breach response requirements and imposes new obligations on state contractors and the...more

Lawyers May Advise on Clients’ Social Media Clean-Up

Most lawyers can easily recall a litigation scenario where a client’s past social media post, photo, or video caused more than a little consternation in both client and lawyer. A new opinion from The Florida Bar now allows...more

Submission of Supplemental Evidence in an IPR May Be Submitted After the Due Date - International Business Machines Corp. v....

Addressing the circumstances for submitting supplemental evidence in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) allowed the petitioner to submit a responsive declaration after the due date...more

Federal Employees’ Personal Information Compromised by Data Breach

In recent headlines, the Office of Personnel Management (“OPM”) has begun notifying millions of federal employees that it may have lost their personal information earlier this month in a data breach. The data breach...more

In re DMCA Subpoena to eBay Inc. - USDC, S.D. California, June 5, 2015

Subpoena issued to eBay pursuant to DMCA, seeking to identify alleged infringers, is deemed valid under express statutory language despite eBay’s pre-subpoena removal of allegedly infringing material in response to related...more

The Detective On Your Wrist And In Your Phone

Love that fitness app you downloaded to your smartphone? Like the idea of having an Apple Watch, Fitbit or some other mobile device helping you stay in shape? There’s certainly nothing wrong with any of these devices...more

How Tech Savvy Is Your Firm?

The times they are a changin’. A new survey, “BTI Brand Elite 2015: Client Perceptions of the Best-Branded Law Firms,” of 700 Fortune 1000 corporate counsel reveals that more law firms are turning to technology “as a source...more

Procaps, Carlton Fields Getting Thoroughly Embarrassed in Antitrust Litigation vs. Patheon, Morgan Lewis

Anybody who litigates antitrust cases should pay attention to Procaps v. Patheon, currently pending in the Southern District of Florida. It’s a debacle. Procaps is getting crushed. Morgan Lewis is running circles around...more

Do You Have an E-Discovery Case Management Checklist?

A simple checklist doesn't exactly scream innovative solution to a complex problem but that doesn't mean it doesn't work. In fact, project managers will tell you that a checklist can do wonders to take an inefficient process...more

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more

Court Extends Proportionality Principle to Duty to Preserve

In Lord Abbett Mun. Income Fund., Inc v. Asami, No. C-12-03694 DMR (N.D. Cal. Oct. 29, 2014), United State Magistrate Judge Donna M. Ryu granted the plaintiff’s motion for permission to no longer preserve computer...more

Green vs. Blue Bubbles: A Thought on Thorough e-Discovery

If you own an iPhone, take a look at your most recent text messaging threads. Are the words contained in a blue or a green speech balloon? A blue speech balloon indicates that the communication was sent via Apple’s...more

Treading Beyond the Iota of Fear: eDiscovery of the Internet of Things

First came the Industrial Revolution. Then the Internet Revolution. And today we have made a firm step into the dawn of a third revolution called the ‘‘Internet of Things’’ or ‘‘IoT.’’ Or at least this is how IoT’s arrival...more

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