From October 1 to 3, the LitForward Center for Technology, Research and Analysis convened its First Annual LitForward Innovation Summit. The first session of the summit, “AI Governance: Managing Risk and Opportunity,”...more
Organizations whose mantra is “We just never delete anything” (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our...more
10/16/2024
/ Books & Records ,
California Consumer Privacy Act (CCPA) ,
CFTC ,
Data Preservation ,
Data Retention ,
Department of Justice (DOJ) ,
Electronic Communications ,
Electronically Stored Information ,
Enforcement Actions ,
Evidence ,
Federal Trade Commission (FTC) ,
Information Governance ,
Instant Messaging Apps ,
Investigations ,
Mobile Devices ,
Personal Information ,
Policies and Procedures ,
Recordkeeping Requirements ,
Regular Business Communications ,
Securities and Exchange Commission (SEC) ,
WeChat ,
WhatsApp
Reconciling Recordkeeping Requirements Against the Prudence of Data Remediation -
As we have covered in previous alerts, the SEC and other regulators have intensified their scrutiny of the retention of electronic...more
Our 2022 Data Security Incident Response Report discussed how businesses can be better positioned to meet the tight data breach notification deadlines now imposed in dozens of countries worldwide. In particular, we...more
7/15/2022
/ California Privacy Rights Act (CPRA) ,
Data Deletion ,
Data Management ,
Data Protection ,
Data Retention ,
Electronically Stored Information ,
General Data Protection Regulation (GDPR) ,
Legitimate Business Purpose ,
Personal Data ,
Regulatory Authority ,
Risk Mitigation
For those attorneys and information governance practitioners unfamiliar with recent pedagogic advancements, “real-world problem solving” moves teaching approaches away from the classical model that assumes individuals will...more
The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to...more
The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence. With the advent of cloud services and significant use by clients, e-discovery...more
Since the first judicial opinion endorsing the use of Technology Assisted Review (or TAR) was written by Judge Andrew J. Peck in 2012, an entire legal industry has grown up on the premise of streamlining the document review...more
A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into...more
We begin with three quick questions:
1. Which legal practice has created and fueled a multibillion-dollar support industry?
2. Which legal practice employs incomprehensible acronyms that require a glossary apart from...more
The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more
The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more
2014 has been perhaps the biggest year Information Governance (“IG”) has seen. A relatively small and, if not unknown, at least undefined field only a few years ago has grown into an area of interest—and concern—to many...more
Hoarding is defined clinically as embodying “a persistent difficulty discarding or parting with possessions because of a perceived need to save them.” That accumulation occurs regardless of the actual value associated with...more