News & Analysis as of

Privacy Electronic Discovery

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

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

Litigation Alert: Pennsylvania Court Holds Google Must Produce Emails Stored Overseas

by Fenwick & West LLP on

Last week, in In re Search Warrants Nos. 16-960-M-01and 16-1061-M to Google, a federal magistrate judge in the Eastern District of Pennsylvania ordered Google to comply with three search warrants to turn over users’...more

How to Conduct Cross-Border Investigations without Losing It

by Conduent on

In 2016, the UK did the unthinkable: it voted to leave the European Union. And in the U.S., a dark horse presidential victory was nearly as big a surprise. Both events are impacting U.S. law firms and corporations that do...more

Now, We Have a Privacy Shield with the Swiss Too: eDiscovery Trends

by CloudNine on

This appears to be our week to cover privacy stories on the blog. First, The Sedona Conference® (TSC) released the public comment version of its new Data Privacy Primer (which we covered on Tuesday). Also, last week, U.S....more

Looking Back at Predictions That I Made Three Years Ago, Part 2: eDiscovery Predictions Revisited

by CloudNine on

Earlier, I took a look back at two posts that comprised six eDiscovery predictions for 2014 that I wrote three years ago. I thought it might be fun to look back at those posts to see how those predictions fared. I covered...more

BYOD – Another reasonable basis for discovery about discovery

I still remember typewriters. Heck, I still remember carbon paper, mimeographs and bag phones. Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk,...more

Three Ways that eDiscovery is Safer in the Cloud: eDiscovery Trends

by CloudNine on

I missed this article when it was published a couple of weeks ago (and have actually presented in a CLE program with the author since), but it still seems timely to cover especially in light of our post on Monday regarding...more

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