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Compliance › Electronically Stored Information

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
WilmerHale

The Impact and Future of the Fifth Circuit’s New Hard-Line Stance on Geofence Warrants

WilmerHale on

On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more

Epiq

Six Challenges When Collecting Social Media Artifacts for eDiscovery Litigation

Epiq on

Social media platforms are one of society’s primary communication channels, not just for personal interactions but also for business communications. Consequently, collecting social media artifacts for eDiscovery purposes is a...more

Array

This Week in eDiscovery: The Duty to Preserve Ephemeral App Data, Employee Compliance with Electronic Communication Rules

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of July 8-14. Here’s what’s...more

Association of Certified E-Discovery...

More Evidence that the Continued Use of General Objections Risks Waiver in eDiscovery

Association of Certified E-Discovery... on

United States Magistrate Judge Sean Flynn’s recent decision in Byte Fed., Inc. v. Lux Vending LLC, is another in a long line of cases enforcing the 2015 amendments to the Federal Rules requiring specificity in objections to...more

BCLP

Regulators Impose Extraordinary Fine Amounts in Recent Off-Channel Communications Enforcement Actions

BCLP on

The Securities and Exchange Commission (“SEC”) and the Financial Industry Regulatory Authority (“FINRA”) have, in two separate recent settled enforcement actions involving off-channel communications (“OCC”), imposed fine...more

EDRM - Electronic Discovery Reference Model

General Data Protection Regulation Guidelines

EDRM - Electronic Discovery Reference Model on

Parties that have possession, custody, or control of evidence potentially relevant to U.S. litigation or investigations are typically required to identify, collect, preserve, and produce such evidence (with limited...more

EDRM - Electronic Discovery Reference Model

Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark

EDRM - Electronic Discovery Reference Model on

As a former Florida trial lawyer and judge who appreciates emerging technology, I admit that I had more than a little concern when The Florida Bar announced it was working on a new ethics opinion on generative AI. Generative...more

EDRM - Electronic Discovery Reference Model

Are We Choking the Golden Goose? The Chilling Effect of Overbroad Rules and Ethics Opinions on the Use of Generative AI

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Generative AI is powering an explosion of innovative public and private sector models, though this burgeoning industry remains in its infancy. GenAI products gained widespread notoriety and availability in one amazing year....more

Epiq

Blockchain Considerations for Litigation and Investigations

Epiq on

More organizations continue to adopt blockchain technologies. According to Grand View Research, the global blockchain technology market value was estimated at 10.02 billion in 2022. Analysts forecast a compound annual growth...more

Thomas Fox - Compliance Evangelist

Assessing Communication Compliance: Ephemeral Messaging and Retention

Thomas Fox - Compliance Evangelist on

I recently had the opportunity to visit with Alex Cotoia, Regulatory Manager, and Daniela Melendez, an Associate at The Volkov Law Group, on the importance of addressing electronic communications preservation and management...more

The Volkov Law Group

Google’s Failure to Preserve Electronic Communications — A Warning to Every Company of a New Reality Surrounding Electronic Data

The Volkov Law Group on

One thing you can count on — change.  Not that there is anything wrong with that, but not to be too dramatic, we are at the precipice of some significant technology trends that will have a profound impact on corporate...more

CloudNine

[Webinar] Mission Possible: Bridging the Gap Across Compliance, Risk Management, Information Governance and eDiscovery - October...

CloudNine on

In today's ever-changing business and privacy landscape, the synergy between compliance, risk management, information governance and eDiscovery is becoming even more complex to navigate than ever and there are costly...more

Array

Does Your Litigation Hold Strategy Account for Remote Workers?

Array on

Google recently got in hot water over employees’ cavalier attitudes toward a litigation hold. The tech giant took a largely hands-off approach to preserving internal chats needed for discovery in a lawsuit. Google employees...more

Reveal

In-Place Search Explained: Elevate Your eDiscovery Workflow to New Heights

Reveal on

In the rapidly moving world of business today, every second counts. The ability to locate pertinent information before it becomes inaccessible can determine the outcome of your endeavors. With In-Place Search, you can...more

Reveal

5 Key Takeaways From the 2023 State of eDiscovery Technology Adoption Report

Reveal on

Every year comes with new challenges for the legal industry. From growing volumes of data to more complex laws and regulations, legal teams face increasing pressure to streamline their operations and reduce related costs year...more

Ankura

eDiscovery and Life Sciences Industry - Challenges and Solutions

Ankura on

The life science industry is a significant contributor to the global market, with companies developing and manufacturing a wide range of medical products and devices. However, due to the complex and highly regulated processes...more

Array

Quick communication and long-term legal risk

Array on

In a recent report from Thomson Reuters, legal department leaders named regulatory compliance a top strategic priority. The emphasis on compliance has increased significantly since 2019, when it was rated the fifth-most...more

Reveal

The Future of Generative Large Language Models and Potential Applications in LegalTech

Reveal on

[Foreword by Geoffrey Vance: Although this article is technically co-authored by Jan and me, the vast majority of the technical discussion is Jan’s work. And that’s the point. Lawyers aren’t supposed to be the Captains of the...more

Womble Bond Dickinson

The 1, 2 Step of Data Retention

Womble Bond Dickinson on

Womble Bond Dickinson’s The Evolving Dance thought leadership series continued with a look at current challenges involving data retention and e-discovery. In particular, the session looked at employee use of personal devices...more

The Volkov Law Group

DOJ Outlines Compliance Expectations Relating to Preservation of Data from Messaging Applications (Part III of III)

The Volkov Law Group on

The Justice Department finally released its new policy to improve corporate preservation of data generated by executives and employees.  In this new technology era, companies have had significant gaps in collecting and...more

EDRM - Electronic Discovery Reference Model

3 Takeaways from a Survey of 800+ Chief Legal Officers for E-Discovery Professionals

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Every year, Exterro partners with the Association of Corporate Counsel (ACC) to conduct an in-depth survey of chief legal officers and general counsel at large US-based and international businesses to better understand their...more

Reveal

Best Investigation Management Software: 4 Tips for Choosing the Right One in 2023

Reveal on

Corporate investigations can be costly, time-intensive, and challenging, not to mention stressful. Indeed, the cost of corporate investigations increases every year. But the consequences of failing to investigate potential...more

BakerHostetler

DOJ Corporate Criminal Enforcement Updates Shine a Spotlight on Texts and Instant Messaging Applications as Potential Evidence

BakerHostetler on

In September 2022, the U.S. Department of Justice (DOJ) issued a memo announcing revisions to the DOJ’s corporate criminal enforcement policies and practices....more

Reveal

Data Compliance: What You Need to Know in 2023

Reveal on

Data plays a central role in the operations of nearly every industry today. Along with the increase in the volume of corporate data that exists, we’ve seen an increase in the number of laws and regulations protecting...more

Morrison & Foerster LLP

Preserving Data from Personal Devices and Third-Party Messaging Platforms – What Should Companies Do?

Morrison & Foerster LLP on

Deputy Attorney General (DAG) Lisa Monaco’s September 15, 2022, memorandum on revisions to the Department of Justice’s (DOJ) Corporate Enforcement Policies (the Monaco Memo) reflects that preservation of business...more

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