Electronic Discovery Science, Computers & Technology

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Taking a Forward-Looking Approach to Enterprise Risk Management

Traditionally, organizations have taken a backward-looking approach to risk, evaluating potential hazards on a siloed, departmental basis after a loss of assets. Organizations often take few proactive steps to detect risks,...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

Lost in the Cloud: Dropbox, Data “Insecurity,” and Employee Shenanigans

For the uninitiated, Dropbox and other similar tools—such as SkyDrive, Google Drive, or Cubby—allow a user to log in to an account, upload documents or files to the cloud, and then access or download them from any device,...more

Overreaching Plaintiff Denied Unreasonable Access to Defendant’s Computers (Nebraska)

Design Basics, LLC. v. Carhart Lumber Co., 2014 WL 6669844 (D. Neb. Nov. 24, 2014). In this design misappropriation case, the plaintiff sought an order compelling “full disk imaging of [d]efendant’s hard drives,”...more

Don’t Be the Next Data Breach Target

As the much-publicized data breaches of the last year reveal, third parties are often the gateway to an organization’s data. As repositories of vast amounts of confidential client data in e-discovery, such as personally...more

Court Denies the Use of a Software Agreement as a Shield from Discovery (Tennessee)

Pero v. Norfolk S. Ry., Co., 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014). In this employment law case, the plaintiff filed a motion to compel the production of a video that the plaintiff claimed demonstrated the setting...more

IP Newsflash - December 2014

Federal Circuit Vacates Lower Court’s Obviousness Finding Based on Incorrect Application of Inherency Doctrine - In Par Pharmaceutical, the Federal Circuit vacated an obviousness ruling by the district court, finding...more

Bring Your Own Challenges

From reliable surveys and less dependable anecdotes in most major markets, including the UK and the US, opinions point to the almost inevitable expansion of BYOD – Bring Your Own Device – as a cost-saving model for employers....more

Federal Circuit Weighs in on Stay in View of Covered Business Method Review

The first few decisions from the Federal Circuit are starting to trickle in and are sure to bring more upheaval to Patent Office post-grant procedures. In Versata Software, Inc., et al. v. Callidus Software, Inc., the Court...more

Defendant Ordered to Provide Access to Licensee Websites

BNB Health Grades, Inc. ("Health Grades") filed a patent infringement action against MDx Medical, Inc., d/b/a Vitals.com ("MDx"). During the litigation, Health Grades identified licensing agreements and associated systems...more

Data Center Contracts: Privacy and Security Terms

A sometimes overlooked but potentially significant liability exposure for any company that uses the “cloud” to remotely store, process or distribute data is the service provider contract between the company user and its data...more

A Successful Motion for Additional Discovery in an Inter Partes Review

Countless parties to inter partes review can tell you how to lose a Motion for Additional Discovery. This is especially so for discovery motions seeking evidence to prove privity between the Petitioner and a third party in an...more

Alert: New Russian Law Will Require Personal Data of Russian Citizens to be Processed on Servers Located in Russia

In July 2014, Russian Federation President Vladimir Putin signed Federal Law No. 242-FZ (the "Law"), which amends existing Russian data privacy laws to require that personal data of Russian citizens be processed by servers...more

5 Questions You Should Ask about Big Data Security and Ediscovery

In the era of big data, vetting and asking the right security questions can help your organization save money and have peace of mind when it comes to ediscovery. Below is a general overview of some of the most important...more

How is the Venture Community Affected by the Criminalization of Trade Secret Law Under the Economic Espionage Act?

It's a commonplace occurrence in Silicon Valley for skilled employees to move from one company to another, followed quickly by a civil trade secret lawsuit alleging that the employee stole trade secrets from his prior...more

Top 10 Technology Blunders for Employers

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

Cybersecurity Litigation Monthly Newsletter

As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases,...more

Data Privacy: The Next Frontier of Corporate Compliance [Video]

Companies are collecting more and more personal data. With that collection is an increased responsibility and the potential for more government regulation. Attorneys Rick Martinez and Seth Northrop discuss the changes that...more

Court Denies Motion to Compel Deposition Testimony on Overly Broad 30(b)(6) Topics and on "Contention" Topics

In this patent infringement action brought by Trustees of Boston University ("BU"), BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which centers on light emitting diodes ("LEDs") and the...more

Tread Lightly: eDiscovery Greed May Leave You With None At All

On July 14, 2014, the Court in United States v. University of Nebraska at Kearny (No. 4:11CV3209) took a significant step in support of Federal Rules 1 and 26. Magistrate Judge Cheryl R. Zwart denied plaintiff’s motion to...more

National Highway Traffic Safety Administration Considers Privacy Implications for New Vehicle-to-Vehicle Technology

The Department of Transportation’s National Highway Traffic Safety Administration (“NHTSA”) announced in 2014 that it would begin steps toward implementing vehicle-to-vehicle (“V2V”) technology with an aim toward decreasing...more

Court Rejects Exhibit Lists and Objections That Would "Require a Judge to Shovel Through Steaming Mounds of Objections" and Orders...

As this patent infringement action headed to trial, the district court scolded both parties for their exhibit lists and, in particular, the objections to the exhibit lists. The district court explained that "Affinity has...more

Delaware Data Destruction Law Highlights the Necessity of Data Destruction Plans

The list of states requiring the disposal or destruction of personal data is growing, and companies need to respond accordingly by adopting data destruction plans. Delaware recently became the latest in a series of states to...more

How EU data protection laws impact cross-border FCPA investigations

EU data protection laws apply to "personal data" in the broadest sense. For instance, a business email sent by an employee from the office constitutes "personal data" as long as the email directly or indirectly identifies an...more

Are you—or someone you love—a content hoarder?

Hoarding is defined clinically as embodying “a persistent difficulty discarding or parting with possessions because of a perceived need to save them.” That accumulation occurs regardless of the actual value associated with...more

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