Wearable Technology: A Perfect Fit For Litigation
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
Data Privacy: The Next Frontier of Corporate Compliance
In the past few years, a number of courts have issued standing orders or have issued guidelines or forms to govern the production of electronically stored information (ESI). These orders and forms can be found on the courts’...more
Themis Bar Review, LLC v. Kaplan, Inc., WL 3397877 (S.D. Cal. May 26, 2015).
The defendant served the plaintiff a request for production, seeking documents related to the plaintiff’s pass rate advertising and data...more
Exterro was founded with the simple vision that applying the concepts of process optimization and data science to the way companies respond to litigation would drive more successful outcomes at a lower cost. The process part...more
In Parts One and Two of this e-alert series, we discussed the federal Computer Fraud And Abuse Act ("CFAA") and its California corollary the California Computer Data Access And Fraud Act (CDAFA). In Part Three, we provide a...more
Malone v. Kantner Ingredients, Inc., 2015 WL 1470334 (D. Neb. Mar. 31, 2015).
In this employment dispute, the plaintiffs moved for an order to request production of emails and invoices between the defendants and a...more
Hanwha Azdel, Inc. v. C&D Zodiac, Inc., 2015 WL 1417058 (W.D. Va. Mar. 27, 2015).
In this breach of contract case, the parties disagreed in regards to the amount stated by the defendant in the bill of costs, filed under...more
A litigator in bankruptcy court is challenged with mastery of a trial lawyer’s skills as well as the developing substantive law, jurisdictional and otherwise, governed by the Bankruptcy Code. Who hasn’t heard of Stern v....more
On June 18, 2015, Bill S-4, the Digital Privacy Act was passed by Canada’s House of Commons vote. Bill S-4 was previously passed by Canada’s Senate. The Digital Privacy Act includes important amendments to the Personal...more
As one federal court insightfully pointed out in a recent opinion, “litigations are fought and won with information.” But for an increasing number of companies, litigations are all too often lost with information as well,...more
In The Hitchhiker’s Guide to the Galaxy, hapless Earthling Arthur Dent jams a Babel fish in his ear that gives him the ability to instantly understand anything in any language around the universe. If only global e-discovery...more
A simple checklist doesn't exactly scream innovative solution to a complex problem but that doesn't mean it doesn't work. In fact, project managers will tell you that a checklist can do wonders to take an inefficient process...more
In the last month, both a federal and state court denied coverage for claims relating to an insured’s handling of electronic data. In the first case, a federal court held that there was no coverage under a cyber insurance...more
It is not uncommon, in the litigation of a federal construction claim, for the Government to produce gigabytes of electronic data, amounting to thousands and thousands of documents, in response to a motion for the production...more
In Bertoli v. City of Sebastopol, 2015 DJDAR 779, the California Court of Appeal for the First Appellate District decided a case involving a fee request under the California Public Records Act (“CPRA”)....more
On April 29, 2015 amendments to the Federal Rules of Civil Procedure (FRCP) took another step forward in the process. In a letter to U.S. Senate and House of Representatives leadership, Chief Justice John Roberts submitted...more
Wilson v. Conair Corp., 2015 WL 1994270 (E.D. Cal. Apr. 30, 2015).
In this consumer class action case, the plaintiffs asked for ESI production to be made in native file format or TIFF images, while the defendant argued...more
While the question of whether specific records are within a party’s possession, custody or control has been heavily litigated for years, the digital revolution — with the advent of social media, cloud computing and mobile...more
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts.
In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more
On May 7, 2015, the Ponemon Institute released its Fifth Annual Benchmark Study on Privacy & Security of Healthcare Data (the “Study”), which surveyed 90 HIPAA covered entities and 88 business associates regarding their...more
The HHS Office of the National Coordinator for Health Information Technology (“ONC”) recently released a new and improved version 2.0 of their Guide to Privacy and Security of Electronic Health Information. This revamped...more
The responsibilities of any corporate law department leader tasked with overseeing e-discovery, whether he or she carries the title of legal director or something similar, revolve around two core business objectives:...more
The rapid pace of technological development, particularly in the area of data storage, has created significant burdens on all businesses, large and small. In litigation, the cost of locating relevant Electronically-Stored...more
The U.S. Equal Employment Opportunity Commission (EEOC) is rolling out a new Digital Charge System Pilot Program in several cities across the country as part of its overall strategic plan to digitize all of its records....more
In this Issue:
- Proposed Amendments to Rule 37
- Search Methodology/Technology-Assisted Review
In house attorneys and legal directors for large corporations have many responsibilities, including overseeing e-discovery activities. Our recent Federal Judges Survey on E-Discovery Best Practices & Trends revealed that many...more
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