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Court: Stored Communications Act Warrant Cannot Be Used to Seize Data Held Overseas

In a case that may have significant impact for companies providing public Internet and cloud services, the Second Circuit has ruled that a federal court may not issue a criminal warrant ordering a U.S. company to produce...more

6 Steps for Complying with the DOJ’s FCPA Pilot Program

On May 19, we outlined the contours of the new pilot program for the voluntary disclosure of Foreign Corrupt Practice Act (FCPA) violations, which is part of the newly released FCPA Enforcement Plan and Guidance from the...more

Federal Appeals Court Set to Issue One of the Most Important Privacy Rulings in a Generation

For months, the technology and business communities have been waiting anxiously for a Federal appeals court ruling on whether American companies can be forced to turn over customer information to U.S. law enforcement when...more

Disclosure in a digital age – How reforms and technology can reduce the costs of disclosure in arbitration and court

Managing the cost of litigation to business remains one of the toughest issues confronting any lawyer today. As the challenge of keeping costs proportionate seemingly gets more difficult by the day, we consider the impact of...more

UK High Court Approves the Use of Predictive Coding in Litigation

Legal technology providers in the UK have a lot to celebrate as the English High Court recently approved the use of predictive coding for disclosure in litigation. The judgment, handed down by Master Matthews in Pyrrho...more

The Year in eDiscovery Music, Part I

As we found out in a year jam-packed with game-changing developments affecting eDiscovery, “the players gonna play, play, play, play, play” (#18, “Shake It Off” by Taylor Swift). With the enactment of the new Federal Rules of...more

The Land of the Rising Sun—and Rising Data Protection Requirements

Between January 2016 and September 2017, a series of amendments to Japan’s Act on the Protection of Personal Information (APPI) will go into effect. The amendments, which were promulgated in September 2015, are the first...more

Privacy Law, Cross-Border Data Flows, and the Trans-Pacific Partnership Agreement: What Counsel Need to Know

Privacy law has become such a hot-button issue that it now finds its way into multilateral trade treaties like the Trans-Pacific Partnership Agreement (TPP or Agreement). On November 5, 2015, the U.S. Trade Representative...more

Consumer Trust should be at the heart of the Digital Economy

A recent report summary produced by the Organisation for Economic Cooperation and Development (‘OECD’) highlighted that many countries are placing too much emphasis on developing their digital economies and are neglecting the...more

Eye of the Storm: Be Prepared for Cross-Border Data Compliance Ahead of the January 1 Deadline

The eye at the center of a hurricane is the calmest part of the storm. Winds subside. Blue skies appear. A sense of relief falls over everyone because the immediate danger seems to have passed. But one of the biggest...more

Back to School: A Primer on Cross-Border Discovery Issues

In September, the Sedona Conference released its latest publication on e-discovery matters, Practical In-House Approaches for Cross-Border Discovery & Data Protection, for public comment. The publication addresses a number of...more

Pardon the “Intrusion” – Cybersecurity Worries Scuttle Wassenaar Changes

Companies concerned about their cybersecurity posture can breathe a small sigh of relief, as the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently announced it was scrapping plans to implement new...more

Five Drivers of E-Discovery in the APAC Region

In last week’s blog, we discussed developing trends in e-discovery law in the Asia-Pacific region. This week, we explore five trends that will continue to spur the growth of e-discovery in this region over the next few years....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

It’s 10:00 PM Somewhere. Do You Know Where Your Data Is?

For American companies doing business abroad, it is time—past time, in fact—to consider how and where you are storing your data. If you answered “in the cloud,” you need to do some probing, stat. ...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

Assuring Regulatory Compliance Doesn’t Get Lost in Translation

With the expansion of large multinational corporations into developing countries such as Russia, Brazil, India, Mexico and China, a proliferation of global regulatory enforcement actions, including anti-bribery and...more

Bring Your Own Device (Everywhere): Legal and Practical Considerations for International BYOD Programs

The cross-use of mobile devices for personal and professional purposes, commonly referred to as “Bring Your Own Device” or “BYOD”, is a relatively recent phenomenon that has created a host of legal and practical challenges...more

No Early Peek of Cross-Examination Documents - TD Ameritrade Holding Corp. v. Trading Techs. Int’l, Inc.

Addressing patent owner’s challenge to the accuracy of the translation of a foreign language reference that was relied upon in a petition for covered business method (CBM) review, the U.S. Patent and Trademark Office’s...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

ITC Section 337 Update - February 2015

Oral Argument Fails To Shed Light On The Outcome Of Anticipated En Banc Federal Circuit Decision In Suprema – On February 8, oral argument was held before the en banc Federal Circuit in Suprema v. Int’l Trade Comm’n, Case No....more

Is Your ITAR Controlled Data AWOL?

Do you know whether your business is covered by the International Traffic in Arms Regulations (ITAR)? Even if your organization does not export military products and services, ITAR’s coverage extends to entities that handle...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

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

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

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