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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

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

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

Think That Your Firm Isn’t Subject to GDPR? You May Be Wrong About That: eDiscovery Trends

by CloudNine on

We’re getting closer and closer to the implementation of the General Data Protection Regulation (GDPR) standard designed to strengthen and unify data protection for all individuals within the European Union (EU). It goes...more

GDPR is Coming -- Are You Prepared?

by Exterro, Inc. on

What is the GDPR? The General Data Protection Regulation (GDPR) is a comprehensive data protection law created by the European Union and comes into effect on May 25, 2018. It replaces the Data Protection Directive. Its...more

Wednesday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week...more

Tuesday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the...more

DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends

by CloudNine on

A rare two-topic day, but both are notable… Remember the Microsoft Ireland Warrant case, where the Second Circuit reversed earlier rulings and denied the government’s efforts to compel Microsoft to provide emails in that...more

Senate Considers Potential Changes to ECPA to Ease Access to Electronic Data Across Borders

Terrorist attacks, most recently in London and Manchester, England, have raised the pressure on law enforcement and lawmakers in countries like the U.K. and the U.S., to proactively intercept and interrupt terrorist...more

You Have to Be Certifiable to be Privacy Shield Approved: eDiscovery Trends

by CloudNine on

At a session at The Master’s Conference Chicago event this week, there was an entire session dedicated to international eDiscovery and privacy considerations. Some of the discussion centered around the General Data...more

Reporting From the EDRM-Duke Law 2017 Spring Workshop: eDiscovery Best Practices

by CloudNine on

This blog post is a little longer than most as there is a lot to cover here… This week, EDRM held its first Spring Workshop since it was acquired by Duke Law last August, which means this was the first workshop held at...more

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

A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google...more

New Survey Says 75 Percent of Respondents Unfamiliar with China’s New Cybersecurity Law: eDiscovery Trends

by CloudNine on

Are you familiar with it? According to a survey conducted by Consilio and released earlier this week, 75 percent of legal technology professionals responding to the survey indicated that they are not familiar with...more

Litigation Alert: Pennsylvania Court Holds Google Must Produce Emails Stored Overseas

by Fenwick & West LLP on

Last week, in In re Search Warrants Nos. 16-960-M-01and 16-1061-M to Google, a federal magistrate judge in the Eastern District of Pennsylvania ordered Google to comply with three search warrants to turn over users’...more

Now, We Have a Privacy Shield with the Swiss Too: eDiscovery Trends

by CloudNine on

This appears to be our week to cover privacy stories on the blog. First, The Sedona Conference® (TSC) released the public comment version of its new Data Privacy Primer (which we covered on Tuesday). Also, last week, U.S....more

Second Circuit Rules that Federal Warrants Do Not Apply to Electronic Information Stored Overseas

by Bracewell LLP on

On July 14. 2016, the Second Circuit ruled that the government cannot lawfully use a search warrant to compel access to consumer data stored by Microsoft Corporation (Microsoft) overseas. In its decision, the court overturned...more

Decision Holds That Search Warrant Cannot Compel Data Stored Overseas

by Morgan Lewis on

The landmark ruling is the first by a federal court of appeals to address the extraterritoriality of the Stored Communications Act. Microsoft and other US-based internet service providers won a major victory on July 14...more

The Panama Papers & The Tempo of International Corruption Cases

An interview on CNBC Powerlunch (April 4th, 2016) where I discuss the implications of the recent Panama Papers leaks. What does this mean for the future of tax havens? Also, will be the appetite for local enforcement in those...more

Schrems & The Collapse of Safe Harbor: What Are The Alternatives to EU Data Collection?

In the second part of a Front-Line interview, Jo Sherman, CEO, EDT, shares her views on how organizations can comply with new EU regulations in the context of the recent Schrems decision, and the collapse of safe harbor. As...more

The Schrems Decision and Safe Harbor: Can you bring tools to the data?

In this Front-Line interview, which is the first of two parts, EDT CEO, Jo Sherman, shares her views as to how data protection and transfer have now changed with regards to the recent Schrems decision. Jo encourages...more

Privacy Law, Cross-Border Data Flows, and the Trans-Pacific Partnership Agreement: What Counsel Need to Know

by King & Spalding on

Privacy law has become such a hot-button issue that it now finds its way into multilateral trade treaties like the Trans-Pacific Partnership Agreement (TPP or Agreement). On November 5, 2015, the U.S. Trade Representative...more

Consumer Trust should be at the heart of the Digital Economy

by Reed Smith on

A recent report summary produced by the Organisation for Economic Cooperation and Development (‘OECD’) highlighted that many countries are placing too much emphasis on developing their digital economies and are neglecting the...more

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