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Communications & Media Electronic Discovery Science, Computers & Technology

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Latest Batch of 2017 Updates to Ediscovery for Defendants Cheat Sheet

by Reed Smith on

We update our cheat sheet devoted to ediscovery for defendants differently than the others. Because of the broad nature of the topic – these cases arise in a wide variety of non-drug/device contexts – other personal injury,...more

The Boundary Layer Between Law and Technology in the Connected Society

by Zapproved LLC on

If someone said to me, “You have to choose one phrase to describe the last couple of decades of world history, what would it be?” I would have very little trouble answering that question. I would describe the last couple of...more

Facebook Wants You to Send Them Your Naked Pictures to Prevent Revenge Porn. I’m Not Kidding: Data Privacy Trends

by CloudNine on

It sounds crazy, right? Facebook wants you to stop worrying about your nudes being shared without your consent by actually sending it your nude photos. It may not be crazy as it sounds....more

Relevant Social Media Posts are Fair Game for Discovery in the IVC Filter MDL

by Reed Smith on

A couple of weeks ago, we reported that, under pressure from the Drug and Device Law Rock Climber, we were headed to New York to see the Broadway production of Orwell’s 1984. Publicity surrounding this spectacle focused on...more

Court Denies Plaintiff’s Request for Defendant’s Source Code Production: eDiscovery Case Law

by CloudNine on

In Congoo, LLC v. Revcontent LLC, et al, No. 16-401 (MAS) (D.N.J. Aug. 10, 2017), New Jersey Magistrate Judge Tonianne J. Bongiovanni, finding that the plaintiff “has not met its burden of demonstrating that production of the...more

Citing SCA, Court Denies Motions to Compel Microsoft, Google and Yahoo to Produce Emails: eDiscovery Case Law

by CloudNine on

In PPG Indus., Inc. v. Jiangu Tie Mao Glass Co., Ltd., No. 2:15-cv-965 (W.D. Pa. July 21, 2017), Pennsylvania District Judge Mark R. Hornak denied the plaintiff’s Motions to Compel third parties Microsoft, Google and Yahoo to...more

The Internet is Even Busier That it Was Last Year: eDiscovery Trends

by CloudNine on

About this time last year, I published (or re-published, if you will) a terrific infographic that illustrated what happens within the internet in a typical minute in 2016. Since I will be part of a panel discussion at The...more

2016 Updates to Ediscovery for Defendants Cheat Sheet

by Reed Smith on

We’ve been remiss in updating our cheat sheet devoted to ediscovery for defendants. Because of the broad nature of the topic – these cases can and do arise in a wide variety of non-drug/device contexts – we have to research...more

Pokemon Go, a Scary Trend for any E-Discovery Practitioner

by Exterro, Inc. on

One word that I never thought would have any cultural relevance ever again, Pokemon. I remember the days when Nintendo was the “it" thing to have and Pokemon was at the forefront of that fad. But that was the 1990s, so when I...more

Court: Stored Communications Act Warrant Cannot Be Used to Seize Data Held Overseas

by Ballard Spahr LLP on

In a case that may have significant impact for companies providing public Internet and cloud services, the Second Circuit has ruled that a federal court may not issue a criminal warrant ordering a U.S. company to produce...more

The Case for E-Discovery Education in Law School

The lament that law schools do not adequately prepare new lawyers for the actual practice of law is not a new one. The refrain, however, seems more pronounced as the day-to-day practice of law becomes increasingly...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

by Exterro, Inc. on

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

Federal Court Offers Clues in How the Newly Amended Rule 37(e) Will Be Applied When Electronically Stored Information Is Not...

Among the most significant changes to the Federal Rules of Civil Procedure that went into effect in December 2015 were amendments to Rule 37(e), which defines spoliation in the context of electronically stored information...more

Where are the File Cabinets? -- The Changing Face of Data in the 21st Century

by Exterro, Inc. on

When we think of electronic data files, of course we know they aren’t stored in tall metal cabinets with manila cards on the drawer faces denoting what’s inside. That’s so 1986. But even for those of us firmly grounded in...more

Groundhog Day: Don’t Get Stuck When Collecting New Data Types

by Exterro, Inc. on

February 2nd is Groundhog Day, and while we all know of the tradition of Punxsutawney Phil’s famous shadow forecasting the arrival of spring, many of us can’t help but think of the 1993 film starring Bill Murray. In it, he...more

High Noon at the Train Station: Social Media and Modern E-Discovery

by Exterro, Inc. on

Most people take time zones for granted these days, but it was this week in 1883 that railroad companies in both Canada and the United States started using four continental time zones. Until then, time was local, based on...more

FCC Issues First Privacy Enforcement Action Against Cable Operator

by Womble Bond Dickinson on

In the third privacy-related enforcement action of the year, the FCC Enforcement Bureau entered into a $595,000 settlement with Cox Communications to resolve an investigation into the company’s loss of customer personal data....more

It’s Called Sputnik!: Don’t Fall Behind in the E-Discovery Space Race

by Exterro, Inc. on

This week marks the 58th anniversary since the launch of Sputnik II, the first spacecraft in history to carry a living animal—a dog named Laika—into Earth orbit. But the Sputnik program, which began the space age in 1957,...more

NIST seeks comments on Privacy-Enhanced Identity Brokers project document

The National Cybersecurity Center of Excellence, in partnership with the National Strategy for Trusted Identities in Cyberspace National Program Office, have launched a project designed to embed privacy and security measures...more

Developing or Enhancing “Bring Your Own Device” Programs – Your First Five Questions . . .

by BakerHostetler on

This is the second blog post in Discovery Advocate’s new series, “Your First Five Questions,” in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you...more

OIG confirms Clinton sent classified emails through private account

The Office of the Inspector General for the State Department recently confirmed in a Memo that former Secretary of State Hillary Clinton sent emails with classified information in them through her private email account...more

NIST releases draft guide for use of mobile devices for medical providers

The National Institute of Standards and Technology (NIST) cybersecurity center released a draft guide last week for health IT professionals to use to bolster security for the use of mobile devices in the health care industry....more

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection...more

Lawyers May Advise on Clients’ Social Media Clean-Up

by Bilzin Sumberg on

Most lawyers can easily recall a litigation scenario where a client’s past social media post, photo, or video caused more than a little consternation in both client and lawyer. A new opinion from The Florida Bar now allows...more

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more

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