News & Analysis as of

Electronic Discovery Privacy

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

eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Four: eDiscovery Best Practices

by CloudNine on

...In preparing for GDPR, all companies should start by doing the following: Determine Their Role Under the GDPR: Any organization that decides on why and how personal data is processed is essentially a “data controller”,...more

eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Three: eDiscovery Best Practices

by CloudNine on

...Initial hopes were that the GDPR would promote eDiscovery cooperation between the US and Europe by standardizing data protection laws and regulations among the 31 EEA nations and the US. But instead, some sections of the...more

eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Two: eDiscovery Best Practices

by CloudNine on

...The first and overriding concept to be understood in dealing with the GDPR is how the regulation defines personal and sensitive data and then to determine how those definitions relate to data held by your organization....more

eDiscovery and the GDPR: Ready or Not, Here it Comes: eDiscovery Best Practices

by CloudNine on

...Europe’s General Data Protection Regulation (GDPR) is set to take effect in less than 200 days. It is important to understand the changes this new set of regulations will impose, but it is also important to understand that...more

No Dismissal of Claim Against Defendant Accused of Transferring Company Info to Dropbox Account: eDiscovery Case Law

by CloudNine on

In Abbott Labs. v. Finkel, No. 17-cv-00894-CMA (D. Colo. Nov. 17, 2017), Colorado District Judge Christine M. Arguello denied the defendant-movant’s motion to dismiss the plaintiff-respondent’s conversion claim that the...more

Supreme Court Hears Oral Argument Today in Major Case Regarding Cell Phone Location Privacy

In Carpenter v. United States, federal investigators sought cellphone location data for a set of persons suspected in a series of robberies. The Fourth Amendment prevents the government from conducting unreasonable searches...more

If You’re a Cloud Provider or Consumer, Consider These Guidelines on How to Conduct Yourself in Europe: eDiscovery Best Practices

by CloudNine on

While we were preparing to eat turkey and stuff ourselves with various goodies last week, the Cloud Security Alliance (CSA) provided an important guideline for compliance with the European Union General Data Protection...more

10 Steps to Navigate the Labyrinth of E-Discovery for Small to Mid-Size Firms

by Pessin Katz Law, P.A. on

The practice of exchanging discovery in federal litigation has ballooned to its own cottage industry within the practice of law. Many law firms tout expertise in the practice “Electronic Discovery Law.” Heady conferences...more

Here are Some More Up to Date Fun Facts on Big Data: eDiscovery Trends

by CloudNine on

For many of the webcasts that we’ve conducted at CloudNine this year, we’ve noted several big data fun facts that illustrate the challenges that many organizations face in managing increasing volumes of data. But several of...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

IT Will Scare You – eDiscovery Horrors!

by CloudNine on

Today is Halloween! Hard to believe, but for eight years now, we have identified stories to try to “scare” you with tales of eDiscovery and cybersecurity horrors because we are, after all, an eDiscovery blog. Let’s see how we...more

UPDATE: Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

by Farella Braun + Martel LLP on

The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court. On October 16, the Supreme Court agreed to review the...more

Google Requests Contempt Order For $10,000 Sanctions Per Day Against…Google: eDiscovery Case Law

by CloudNine on

Last month, we wrote that Google went 0 for 2 in August in its request for review of warrant cases related to the Stored Communications Act of 1986 (SCA) and the order to produce ESI stored internationally that is subject to...more

Windows 10 Fails to “Go Dutch” When it Comes to Protecting Privacy: Data Privacy Trends

by CloudNine on

According to Silicon (Windows 10 Data Collection Branded A Breach Of Dutch Privacy Law, written by Roland Moore-Colyer), the Dutch Data Protection Authority (DPA) has declared that Windows 10 breaches the data protection law...more

SCOTUS to Take On Microsoft Ireland Case: eDiscovery Trends

by CloudNine on

A few months ago, we reported that the Department of Justice had asked the U.S. Supreme Court to overturn that landmark appeals court decision handed down last summer in favor of Microsoft Corp. that put their company data...more

Top Five Takeaways from PREX17

by Zapproved LLC on

Tech, data security and ethics dominate e-discovery conversations heading into 2018 - Every year at PREX, our in-house e-discovery conference, I’m exposed to an impressive array of intriguing new perspectives and creative...more

Guarding Against Inadvertent Disclosures in E-Discovery

Have you watched the news lately? Somewhere in between the coverage of politics, global turmoil, more politics, sports, and the absurd number of commercial breaks, there seem to be weekly, albeit very brief, reminders that...more

To No One’s Surprise, Worldwide Spending on Cybersecurity is Up: Cybersecurity Trends

by CloudNine on

Can you guess what the global spend on cybersecurity will be this year? Gartner recently provided a forecast, see how close you can come to guessing the amount...more

Professional Regulatory Alert: Your Career May Be An Open Book: Privacy and Regulatory Investigations

by Field Law on

In dismissing an appeal by an Alberta lawyer who alleged that his Charter rights were violated by an order allowing a law society investigator to search his computers, cell phones, and other electronic devices, the Alberta...more

Pennsylvania District Court Agrees That Google Must Give Up Foreign Server Data

by Bracewell LLP on

On August 17, 2017, a Pennsylvania district court upheld a magistrate judge’s order that Google comply with warrants issued pursuant to the Stored Communications Act (“SCA”) and produce to the FBI data that was stored, in...more

Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

by Jaburg Wilk on

Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? ...more

Data Security Law: Managing The Legal Risks Of Cloud And Collaboration Tools

by Ellis & Winters LLP on

As anyone with a Dropbox or Google Drive account knows, consumer-grade cloud storage and collaboration services are a convenient way to store and share personal photos, music, video and documents. Employees who use these...more

Ten Items to Keep in Mind When Considering Cloud Providers: Cybersecurity Best Practices

by CloudNine on

In my webcast discussion with Tom O’Connor yesterday, we had a terrific discussion of several pros and cons of both on-premise and off-premise (cloud) eDiscovery technology solutions as well as other factors to consider...more

Lessons to Be Learned from the Wells Fargo eDiscovery Inadvertent Disclosure: eDiscovery Best Practices

by CloudNine on

When you’re a lawyer and you find out that you’ve inadvertently produced client confidential information in litigation, it’s a bad day. When you find out that confidential information is personal information on thousands of...more

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