On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), clarifying how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). 740 ILCS 14/1, et seq. This amendment confirms...more
On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), marking a significant amendment to how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). This amendment refines the...more
In an era where digital privacy is increasingly under threat, the recent deepfake incident involving the globally renowned artist, Taylor Swift, has catapulted the issue of nonconsensual pornography to center stage. This...more
In Part Two of this blog series, I discuss a recent case regarding noncompliance with preservation provisions in an ESI protocol and provide best practices for negotiating and drafting an ESI protocol. In Part One of this...more
A lawsuit has been filed. Both parties have met and negotiated an ESI Protocol that has been formalized as a court order. Your review team has started the initial review and notices there are numerous duplicates. When this is...more
Last fall, I had the pleasure of speaking on a panel at Relativity Fest entitled “Why Lawyers SHOULD Be Luddites.” It was a lively discussion about whether lawyers should be luddites, whether robots would be taking attorney...more
About a year ago, I wrote the blog “Proportionality: Tipping the Scale” spotlighting proportionality with respect to data preservation and the related amendments to the Federal Rules of Civil Procedure....more
Here is a replay of a conversation I had at the start of my first foreign language document review: -
Me: I think I see some inconsistencies in the coding and I have run a search on a phrase to find these documents. I do not...more
Federal Rule of Civil Procedure 1 mandates a “just, speedy, and inexpensive resolution of civil disputes.” In a perfect litigation world, parties would operate in good faith, draft reasonable discovery requests, answer...more
There was a time when the only data you needed to collect in response to a discovery request was corporate email. Even if you received or sent work emails from your phone, this data would be located on a corporate server and...more