Three Key Data Retention Questions
While M&A transactions give rise to many different types of litigation, including disputes between the merger parties and statutory appraisal actions, the most common type of litigation stemming from public company mergers is...more
Employers in two recent EEOC cases were sanctioned by federal courts for destroying employee records. These rulings illustrate the need for employers to develop and implement document retention procedures to avoid costly...more
A company’s duty to preserve electronic evidence may include a duty to recover it if lost, even if the company did not intentionally destroy it, the U.S. District Court for the District of Columbia ruled. But the defendant’s...more
The information security concerns relating to employees using their own devices for work (such as smart phones, netbooks and laptops) are a hot topic. Although “bring your own device” or BYOD is here to stay, the practice of...more
Originally Published in Canadian Corporate Counsel Association Magazine - Winter 2012.
The Promise and the Challenge. Organizations are able to leverage reliable internet connectivity to access quickly scalable...more
The use of personal email for business is a significant problem for records retention and privacy programs.
On March 18, 2013, the British Columbia Information and Privacy Commissioner (OIPBC) announced an...more
Your company has been sued – what do you need to consider to comply with data preservation requirements? How do you address litigation holds, ediscovery and data retention? Robert Brownstone, litigation attorney and chair of...more
The Federal Trade Commission (FTC) published its final rule amendments today in the Federal Register updating the FTC regulations that implement the Children’s Online Privacy Protection Act (COPPA Rule)....more
Today’s Take: Sanctions for the Automatic Deletion of Evidence by Computers
In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the duty to preserve...more
Today’s Take: The Evidentiary Implications in Sending and Receiving Demand Letters
The first war cry of litigation is often the sending of a formal demand letter. Why? The most obvious reason is to put the recipient...more
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