News & Analysis as of

Electronic Discovery Elections & Politics

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
EDRM - Electronic Discovery Reference Model

DOJ’s Confidential Report Leaked in Trump v US

[Editor’s Note: This post was originally published on Ralph Losey’s e-Discovery Team® blog 10/5/2022, reposted with permission and our thanks.] NOTICE OF STATUS OF PRIVILEGE REVIEW TEAM’S FILTER PROCESS AND PRODUCTION OF...more

HaystackID

[Webcast Transcript] eDiscovery Playbooks: How to Win by Day and Sleep at Night

HaystackID on

Editor’s Note: On September 21, 2022, Business Intelligence Associates (BIA), a recently acquired HaystackID company, shared an educational webcast on the role of eDiscovery playbooks in litigation preparedness. Regardless of...more

EDRM - Electronic Discovery Reference Model

Rights Groups Want Facial Recognition Process to be Discoverable In a New Jersey Case

Hat tip to the “Data Diva” Debbie Reynolds for this story! Two digital rights groups and a defendants’ rights association are arguing in a New Jersey court that evidence discovery in a criminal case should include the...more

Association of Certified E-Discovery...

[Webinar] The Sedona Canada Principles Addressing Electronic Discovery, Third Edition - October 13th, 12:00 pm - 1:00 pm PDT

Join us on October 13, 2022 at 12 noon PST / 3:00 pm EST for a discussion of The Sedona Canada Principles Addressing Electronic Discovery, Third Edition published earlier this year. Since the first edition was published in...more

Nelson Mullins Riley & Scarborough LLP

Default Judgment Sanction Against Defendants for Failure to Produce Slack Messages

In Red Wolf Energy Trading, LLC v. BIA Capital Management, LLC, Gregory V. Moeller, Growthworks, LLC, Michael Harradon, and Jon Moeller, the United States District Court for the District of Massachusetts entered a default...more

Epiq

2022 eDiscovery Update

Epiq on

The world of eDiscovery is constantly evolving in the face of new tech trends and legal innovation. This often introduces new collection, preservation, and production challenges that require further analysis and updated best...more

Hanzo

A Few Considerations When Preserving Slack Data for Ediscovery

Hanzo on

Court rulings in the past few years have codified what people working in ediscovery have known all along: Slack (and other collaboration app data) is discoverable during litigation and should be preserved the same as email as...more

Association of Certified E-Discovery...

[Webinar] The Cloud, Microsoft, and the Future of Information Governance and eDiscovery - October 19th, 1:00 pm - 2:00 pm EDT

The future is now—and for many working in enterprise information governance and eDiscovery the future is Microsoft 365. In this webinar, you’ll hear from experts working at the forefront of Microsoft 365 technology on behalf...more

Nextpoint, Inc.

Mr. Jones and Me – Exploring the Practical Ediscovery Lessons from the Alex Jones and Sandy Hook Litigation

Nextpoint, Inc. on

An important word has been missing from much of the talk about Alex Jones: Ediscovery. But ediscovery is where it all went wrong in the fiasco of his case. In a bizarre twist of events that are even “too dumb” for a Law...more

ZyLAB

Conducting Internal Investigations in the US vs. the UK: key differences & best practices

ZyLAB on

These days, companies are investing more effort in conducting thorough internal investigations to root out and resolve issues of misconduct and prevent their recurrence. There are many factors behind this trend. With the rise...more

EDRM - Electronic Discovery Reference Model

[Monthly Webinar Series] Scary Important eDiscovery Case Law Decisions for October 2022 - October 31st, 1:00 pm - 2:15 pm ET

Join Doug Austin, Editor of eDiscovery Today, Mary Mack, CEO of EDRM, Tom O’Connor, Director of Gulf Legal Technology Center, and Hon. Andrew Peck (Ret.), Senior Counsel at DLA Piper fore this Halloween edition as they...more

Ipro Tech

5 Ways to Protect Sensitive Information From Unauthorized Disclosure

Ipro Tech on

Sensitive information is everywhere, from clients’ names and addresses to the trade secrets a business relies on to beat its competition. As such, organizations can’t avoid collecting, processing, storing, and transferring...more

EDRM - Electronic Discovery Reference Model

[Webinar] The Tom & Jeremy Show, the Inconvenient Truth About eDiscovery: Elementary, My Dear Watson - October 13th, 1:00 pm -...

In this episode, you will see how modern eDiscovery can benefit from an investigative approach to document review and analysis. Use a true investigative approach to find your client’s critical documents early in the...more

EDRM - Electronic Discovery Reference Model

Cyber Fundamentals: Cybersecurity as Part of Risk Management - Cyber Risk Management Chronicles, Episode II

Risk management is the process of minimizing or mitigating risk. It begins with identification and evaluation of the various types of risk that an organization faces, determining the probability that these risks will occur,...more

Nextpoint, Inc.

Understanding Ediscovery: A Primer On ESI Protocols

Nextpoint, Inc. on

If you were to ask most attorneys to describe the process of discovery, they may tell you it is a necessary facet of any case that tends to bring on quite the headache (actually, they might just tell you it’s a total pain)...more

Goldberg Segalla

Evidence Preservation: Handling the Issues in New York and New Jersey

Goldberg Segalla on

In New York and New Jersey, parties have certain duties to ensure preservation of evidence. Join Goldberg Segalla’s Rosa D. Forrester and Aaron M. VanNostrand for a discussion of when those duties are triggered, how to...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: John Burchfield of Venio Systems sits down with Kaylee & Mary

John Burchfield, CEO of EDRM Trusted Partner, Venio Systems, sits down with Kaylee & Mary to talk about his first six months at Venio, some impressive new hires, excitement from ILTA and the importance of culture at the core...more

Association of Certified E-Discovery...

[Webinar] Eye on ESI - October 11th, 12:30 pm - 1:00 pm EDT

Jared Coseglia, founder and CEO of TRU Staffing Partners and agent to thousands of e-discovery, privacy, and cybersecurity professionals, joins Michael Quartararo, president of ACEDS, and Maribel Rivera senior director of...more

EDRM - Electronic Discovery Reference Model

[Flash Webinar] Ripped From the Headlines: FB Engineers: No Idea Where All Your Personal Data Is - October 5th, 1:00 pm - 2:15 pm...

IN MARCH, two veteran Facebook engineers found themselves grilled about the company’s sprawling data collection operations in a hearing for the ongoing lawsuit over the mishandling of private user information stemming from...more

Lighthouse

The Disclosure Pilot Scheme Is Here to Stay: What That Means for Your Practice

Lighthouse on

On July 15, 2022, the mandatory Disclosure Pilot Scheme (PD51U) was officially approved and will operate on a permanent basis within the Business and Property Courts (BP&C) of England and Wales. Originally implemented in 2019...more

Association of Certified E-Discovery...

[Event] Overcoming the Challenges of Modern Discovery - October 6th, Cleveland, OH

Join the ACEDS Ohio Chapter, FTI Consulting and ProFile Discovery for a complimentary educational and networking event! How Emerging Data Sources are Transforming the eDiscovery Industry - The sudden adoption of...more

Association of Certified E-Discovery...

[Webinar] Rethinking E-Discovery: Creating Defensible Global Litigation Processes—with a Focus on the CEE Region - October 5th,...

The legal regulatory and compliance landscape continues to rapidly evolve, and combined with the growing volume of data, presents unique challenges for e-discovery professionals throughout Europe. Join our expert panel to...more

Association of Certified E-Discovery...

[Webinar] Rethinking E-Discovery: Creating Defensible Global Litigation Processes—with a Focus on the DACH Region - October 4th,...

The challenges litigation and e-discovery professionals face are getting more and more difficult to overcome. The rapidly evolving regulatory landscape shows no sign of slowing down and the role of the e-discovery...more

Epstein Becker & Green

Pennywise and Pound Foolish: Default Judgment Entered Against Trade Secret Defendants as a Sanction for Inadequate E-Discovery

Epstein Becker & Green on

“The law is not a game, and . . . civil discovery is not a game of hide and seek. The decision in this case should encourage litigants to understand that it is risky business to recklessly or deliberately fail to produce...more

Association of Certified E-Discovery...

[Webinar] In-House Perspectives on Implementing Preservation and Collection Protocols - October 7th, 2:00 pm - 3:00 pm ET

Join members of the ACEDS Global Advisory Board for a panel discussion About this event Join members of the ACEDS Global Advisory Board in a discussion about how law firms and in-house legal teams preserve and collect data,...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.