Electronically Stored Information

News & Analysis as of

Cyberliability Developments in the Offshore Jursidictions

The offshore jurisdictions are catching up fast with legal issues relating to cybercrime, cyberliability, and the use and discovery of electronic documents. In the wake of the embarrassing leak in April 2013 of about...more

Plus-Sized e-Discovery for Medium-Sized Firms

In cases involving large amounts of electronically stored information (ESI), those of us at mid-sized or smaller firms may sometimes feel a little out-gunned when the requests for production and documents start flying. While...more

“Are You Being Served?” If So, Your ESI Must Be Preserved!

Unlike the classic British sitcom "Are You Being Served?", as any business owner who has been on the receiving end of a threat of litigation or was served with a complaint can attest, there is nothing remotely amusing about...more

EU High Court Strikes Down Data Retention Law

On April 8, 2014, the highest court in the European Union invalidated an EU law that required telephone and electronic communications providers to retain user data for up to two years....more

Closing The Gap Between Privacy Policies And The Use Of Portable Storage Devices

The Office of the Privacy Commissioner of Canada has released its Report of Findings from a year-long investigation into a significant incident involving the loss of personal data at the former Ministry of Human Resources and...more

Court of Appeal confirms that information is not property

In a recent judgement, the Court of Appeal of England and Wales held that an electronic database was not a chose in possession or a chattel but a chose in action (see our earlier blog regarding the grant of leave to appeal in...more

E-Discovery Under the Minnesota Rules: Where We've Been, Where We Might Be Headed

This article reviews the history of discovery in Minnesota practice under the Minnesota Rules of Civil Procedure, analyzes the place of electronic discovery in Minnesota today, and attempts to predict how the courts may deal...more

EDRM Releases A New Model For Analyzing Private Data

Recent high-profile data breaches have placed security of personally identifiable information (PII) at the forefront of many organizations’ concerns. Protecting PII and other private data can be a significant undertaking....more

New Jersey Appeals Court Rules on Debt Buyer’s Right to Collect Debt Based on Electronic Business Records

The Appellate Division of the Superior Court of New Jersey ruled in two consolidated appeals from summary judgment rulings issued in favor of plaintiffs, debt buyers, affirming one and reversing the other based largely on the...more

Take 5 Newsletter: 5 Employment Law Considerations in "The Cloud"

What is "the cloud," and what on Earth (pun intended) does cloud computing have to do with employment law? While many definitions abound, cloud computing at its core is a form of remote electronic data storage,...more

HHS Settlement: Reminder That HIPAA Applies To Local Governments Big And Small

The U.S. Department of Health and Human Services Office for Civil Rights (HHS) recently announced that it had reached an agreement with Skagit County, Washington to settle potential HIPAA violations involving the County...more

HHS Reports First HIPAA Settlement with a County Government

According to a HHS press release issued last Friday, Skagit County, Washington, has agreed to a $215,000 settlement with the agency to resolve allegations that the county’s HIPAA compliance program was deficient. The Skagit...more

Thinking About Discovery — In today’s electronic world

How do you obtain information in a lawsuit in 2014? The practice of EDiscovery involves “electronically stored information” (ESI). Ultimately, whether the data comes in an image of the document or raw data, it will be...more

Workplace Privacy in the Digital Age

The blended use of technology for both professional and personal communication has had a significant impact on workplace privacy. Gone are the days when all an employer knew about an employee was what could be observed during...more

Storage of Form I-9: Guidelines for Employers

The Immigration Reform and Control Act of 1986 (IRCA) requires all US employers verify the employment eligibility of their employees by completing Form I-9 upon hiring an employee. In addition to completing the form,...more

Opened, Web-based Emails Are “Electronic Storage” as Defined by the Stored Communications Act (Massachusetts)

Cheng v. Romo, 2013 WL 6814691 (D. Mass. Dec. 20, 2013). In this action, the plaintiff sued defendant for accessing the plaintiff’s web-based emails without authorization under the Stored Communications Act (SCA). The...more

Notice of Appeal Untimely Where Attorneys Claimed That Notice Through Electronic Filing System Did Not Start Time for Appeal

After trial and the denial of post-trial motions, AT&T Operations, Inc. ("AT&T") filed motion to extend the time to file a notice of appeal pursuant to Federal Rule of Appellate Procedure 4(a). AT&T argued that the e-mail...more

Triple-S Socked with $6.8 Million Sanctions for PHI Breach

Triple-S, an insurance holding company and subsidiary of Triple-S Management Corporation, was notified by the Puerto Rican Health Insurance Administration (“HIA”) that HIA would pursue penalties against Triple-S for its...more

The Spoliation of Text Messages

In the era of Twitter and Instagram, it should come as no surprise that a party’s cell phone data, including text messages, may prove invaluable to an adverse party during the course of litigation. As with any other...more

Change is in the Air: Transforming Ediscovery From an Art to a Science

Spring is just around the corner (hopefully), and change is in the air! Likewise, change is in the air in ediscovery. The ediscovery process is far from perfect, but continues to evolve and change despite facing compelling...more

Litigation Update - Rules of Civil Procedure Continue to Adapt to the Realities of Electronic Discovery

Businesses are increasingly leveraging technology and moving to more paperless environments. For this reason, modern business litigation almost always requires some discovery of electronically stored information (ESI). ...more

CMS Extends Deadline for 2013 Meaningful Use Attestations

CMS announced on Friday, February 7, 2014, that the agency is extending the deadline for eligible professionals (EPs) to attest as meaningful users of certified electronic health record (EHR) technology for the 2013 Medicare...more

Facebook Fishing Expeditions Prohibited

In Root v. Balfour Beatty Const., LLC, 2014 WL 444005 (Fla. 2d DCA February 5, 2014), Florida joined a growing list of courts around the country that expressly prohibit “fishing expeditions” in social media discovery. Root...more

CMS Extends 2013 Meaningful Use Attestation Deadline for Eligible Professionals

On Feb. 7, the Centers for Medicare & Medicaid Services (“CMS”) extended by one month the deadline for eligible professionals to attest to meaningful use for the 2013 Medicare EHR Incentive Program year. The deadline was...more

Give Me Back My Books and Records: Application of Rule 41(g) in Response to Federal Search Warrants

In the past decade, federal law enforcement has been more aggressive in white collar investigations in utilizing search warrants, as opposed to subpoenas, to seize a company’s books and records. The statute of limitations...more

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