News & Analysis as of

Electronically Stored Information

New York’s Cybersecurity Requirements Pose Multi-Year Compliance Challenges

by McDermott Will & Emery on

New cybersecurity regulations issued by the NYDFS define the nonpublic information they regulate in exceptionally broad terms. This expanded definition of Nonpublic Information will create major challenges for regulated...more

How Much Circumstantial Evidence is Enough for Spoliation Sanctions?

by Exterro, Inc. on

We’ve all heard, “It’s not whether you win or lose, but how you play the game.” But how you play the game is often a big part of ending up on the winning side in e-discovery. In today’s world, it has almost become normal that...more

Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law

by CloudNine on

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, Google was ordered earlier this year to produce foreign stored emails by judges in California and...more

“Primed” to Learn About Rule 34 of the FRCP? Here’s a New Primer from The Sedona Conference: eDiscovery Best Practices

by CloudNine on

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017 (here’s a link if you missed it), we’re seeing lots of cases that relate to disputes associated with Rule 34...more

Court Grants Lesser Sanctions Against Defendant for Various Discovery Issues: eDiscovery Case Law

by CloudNine on

In New Mexico Oncology v. Presbyterian Healthcare Servs. No. 1:12-cv-00526 MV/GBW (D.N.M. Aug. 16, 2017), New Mexico Magistrate Judge Gregory B. Wormuth, detailing numerous defendant discovery deficiencies alleged by the...more

Professional Regulatory Alert: Your Career May Be An Open Book: Privacy and Regulatory Investigations

by Field Law on

In dismissing an appeal by an Alberta lawyer who alleged that his Charter rights were violated by an order allowing a law society investigator to search his computers, cell phones, and other electronic devices, the Alberta...more

Pennsylvania District Court Agrees That Google Must Give Up Foreign Server Data

by Bracewell LLP on

On August 17, 2017, a Pennsylvania district court upheld a magistrate judge’s order that Google comply with warrants issued pursuant to the Stored Communications Act (“SCA”) and produce to the FBI data that was stored, in...more

Boston Red Sox Caught Using Apple Watches to Steal Signals from Yankees During Games

by Exterro, Inc. on

“Boston Red Sox Used Spy Watches to Steal Signs Against Yankees!” It’s a headline that you could imagine being in a 1950’s comic book, but in 2017 this type of thing has become fairly normal. In this case, the New York Times...more

Sometimes, the Data You Receive Isn’t Ready to Rock and Roll: eDiscovery Best Practices

by CloudNine on

Having just encountered a similar situation with one of my clients, I thought this was a topic worth revisiting.  Just because data is produced to you, it doesn’t mean that data is ready to “rock and roll”....more

[Webinar] Holy ****, The Case is Filed! What Do I Do Now? - September 27th, 12:00pm CT

by CloudNine on

The first days after a complaint is filed are critical to managing the eDiscovery requirements of the case efficiently and cost-effectively. With a scheduling order required within 120 days of the complaint and a Rule 26(f)...more

Practical Tips For An Effective Litigation Hold Notice

by Farrell Fritz, P.C. on

I recently wrote about the importance of styling one’s litigation hold in a broad, but sufficiently specific way. Some of you may be thinking, well, that’s all fine and good but what is a litigation hold? Why and when do I...more

Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

by Jaburg Wilk on

Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? ...more

Three Card Monte and E-Discovery: Ask the custodians

“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.”...more

Data Security Law: Managing The Legal Risks Of Cloud And Collaboration Tools

by Ellis & Winters LLP on

As anyone with a Dropbox or Google Drive account knows, consumer-grade cloud storage and collaboration services are a convenient way to store and share personal photos, music, video and documents. Employees who use these...more

What I Learned from Finding Nemo About Custodian Identification in E-Discovery Matters

by Exterro, Inc. on

In Pixar’s wonderful animated feature, “Finding Nemo,” Marlin, a clown fish who lives in the Great Barrier Reef (and is the title character’s dad), spends nearly the entire film trying to find his son, Nemo, by locating,...more

Defence & Indemnity - August 2017: IV. PRACTICE ISSUES - Nemchin v. Green, 2017 ONSC 1403, per Corthorn, J. [4241]

by Field Law on

IV. PRACTICE ISSUES - B. A court held that the Defence was precluded from tendering social media evidence relating to the Plaintiff and relying on it at trial, notwithstanding that the Plaintiff may have been obligated to...more

Ten Items to Keep in Mind When Considering Cloud Providers: Cybersecurity Best Practices

by CloudNine on

In my webcast discussion with Tom O’Connor yesterday, we had a terrific discussion of several pros and cons of both on-premise and off-premise (cloud) eDiscovery technology solutions as well as other factors to consider...more

Because The Court Concluded Plaintiff’s Counsel Failed To Engage In Meaningful Meet And Confer, Court Orders Counsel (Not The...

by Farrell Fritz, P.C. on

In this single-plaintiff employment discrimination case (Bailey v. Brookdale Univ. Hosp., 2017 U.S. Dist. LEXIS 93093 (E.D.N.Y. June 16, 2017)), counsel for the parties purportedly met and conferred as directed by the Court...more

Defendant’s Request for Social Media Data is Reasonably Calculated to Be Overbroad: eDiscovery Case Law

by CloudNine on

In Ehrenberg v. State Farm Mut. Auto. Ins. Co., No. 16-17269 (E.D. La. Aug. 18, 2017), Louisiana Magistrate Judge Janis van Meerveld, rejecting the defendant’s request for the plaintiff’s social media data as “reasonably...more

Is the single end-to-end e-discovery platform a unicorn? Not according to this legal team!

by Exterro, Inc. on

In the e-discovery world, common knowledge says that a true end-to-end in-house process/single software solution doesn’t exist. But Linda Luperchio, Director of Information Lifecycle Governance and E-Discovery at Hanover,...more

GDPR is Coming -- Are You Prepared?

by Exterro, Inc. on

What is the GDPR? The General Data Protection Regulation (GDPR) is a comprehensive data protection law created by the European Union and comes into effect on May 25, 2018. It replaces the Data Protection Directive. Its...more

DTSA and Ex Parte Seizure – Lessons From The First Ex Parte Seizure Under The DTSA

The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals...more

The Carpenter Case and Other Privacy-Related News

by Revision Legal on

As we discussed in the last few weeks, privacy is repeatedly in the news. Washington lawmakers are trying again to update the Electronic Communications Privacy Act, the Stored Communications Act (the “SCA”), and the Pen...more

New Report from The Aberdeen Group Cites Lack of Advanced Technologies, Offers Recommendations: eDiscovery Trends

by CloudNine on

While recovering from ILTACON and Vegas, I found an interesting report with some interesting statistics and observations from The Aberdeen Group about how many organizations are handling eDiscovery and what they could be...more

Judge Sides with Government over Google in the Latest Battle Rematch over the Territorial Reach of the SCA

Another federal judge has rejected the U.S. Court of Appeals for the Second Circuit’s interpretation of the Stored Communications Act (SCA), and has ordered Google to hand over customer email traffic—wherever located—to U.S....more

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Cybersecurity

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