Maybe some of you will look at the title of this article, smirk, and dismissively mutter that there is nothing new about text messages. eDiscovery practitioners also may think there is nothing revolutionary about considering...more
11/22/2019
/ Cell Phones ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Employee Privacy Rights ,
Federal Rules of Civil Procedure ,
Invasion of Privacy ,
Metadata ,
Motion to Compel ,
Native Format Data ,
Personal Data ,
Privacy Concerns ,
Proportionality ,
Right to Privacy ,
Text Messages
..Any judge who begins an opinion about ediscovery with a quote from Donald Rumsfeld (of all people!), and then tosses in a reference to Marge from The Simpsons while quieting lawyers’ fears of technology by noting that...more
Well, it has now happened. The European Union’s new General Data Protection Regulation (GDPR) went into effect on May 25, 2018. In the lead up to G-Day, commentators published a voluminous amount of materials in legal...more
6/21/2018
/ Discovery ,
Discovery Disputes ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
EU Data Protection Laws ,
Evidence ,
Failure To Preserve ,
Foreign Subsidiaries ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
International Litigation ,
Personal Data
...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more
5/15/2018
/ Amended Rules ,
Destruction of Evidence ,
Discovery ,
Discovery Disputes ,
Duty to Preserve ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Federal Rules of Civil Procedure ,
FRCP 37(e) ,
Gross Negligence ,
Information Technology ,
Proportionality ,
Rule 11 ,
Sanctions ,
Special Master ,
Spoliation
Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar...more