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Data Privacy Evidence

Alston & Bird

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more

Goldberg Segalla

Asbestos Bankruptcy Trusts Announce Intent to Destroy Data and Documents

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Earlier this year, at least four asbestos bankruptcy trusts including WR Grace, Babcock & Wilcox, Pittsburgh Corning and Owens Corning, issued notices regarding their intent to destroy data and documents submitted by...more

Farrell Fritz, P.C.

Commercial Division Clarifies Standards for Sealing Court Records in Business Disputes

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In a recent decision, the New York County Commercial Division reaffirmed the high bar that parties must meet when attempting to seal court documents in business disputes. In Linkable Networks, Inc. v. Mastercard Inc., the...more

U.S. Legal Support

What to Look for in a Remote Deposition Partner

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Remote depositions have become an integral part of modern litigation. With the shift towards virtual platforms, selecting the right remote deposition partner can streamline your legal processes, safeguard sensitive...more

EDRM - Electronic Discovery Reference Model

“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

Campbell v. Aberdeen Providing Ground Federal Credit Union, 2025 WL 608046 (D. Md. Feb. 25, 2025)(Bredar, J.), is an employment discrimination case. At its most general level, the holding was that “a litigant may not invoke...more

Array

This Week in eDiscovery: What to Know About the Stored Communications Act | Annual General Counsel Report

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of February 16-22. Here’s what’s...more

HaystackID

[Webinar] Discovering Data Quickly in High-Stakes White-Collar Investigations - March 12th, 11:00 am - 12:00 pm CDT

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White-collar crimes present investigators with intricate challenges that require precision, expertise, and advanced technology. In today’s high-profile investigations, the stakes couldn’t be higher, with reputations,...more

Minerva26

Requesting Cloud Data from Third Parties? Here’s What Every Litigator Needs to Know About the SCA

Minerva26 on

The way we communicate has changed dramatically in recent years, with businesses and individuals moving from traditional email to cloud-based collaboration platforms like Microsoft Teams, Slack, WhatsApp, Skype, and Telegram....more

Pagefreezer

How to Capture Evidence on Facebook – Before it Disappears

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On January 7th, 2025, Meta announced they will be making major changes to content moderation policies on all their owned platforms, including Facebook: ending third-party fact-checking in the US in lieu of a new "Community...more

Cimplifi

Going Mobile: Mobile Device Data in Criminal Investigations

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While data from mobile devices is more frequently responsive in civil litigation than ever before, “true crime” aficionados know it’s routinely useful in criminal investigations. We take our devices with us and use them...more

Redgrave LLP

Blurred Lines: Navigating Text Message Discoverability in the Era of Intermingled Data

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As mobile devices continue to integrate seamlessly into our professional and personal lives, the boundaries between business and personal data have blurred significantly.  This evolution has introduced a host of legal...more

Purpose Legal

The Role of Digital Forensics Expert Witnesses

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In the digital age, the courtroom has evolved. It’s no longer just about physical evidence and eyewitness accounts. Today, digital evidence plays a crucial role in many legal proceedings. Enter the digital forensics expert...more

Array

This Week in eDiscovery: Nonprivileged Documents Attached to Privileged Communications | New Social Media Frontiers

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of January 19-25. Here’s what’s...more

Troutman Pepper Locke

US v. Brown: District of Columbia Circuit Rules on Compelled Biometric Unlocking of Cellphones

Troutman Pepper Locke on

On January 17, the District of Columbia Circuit issued a pivotal opinion regarding the Fifth Amendment rights of a defendant-appellant compelled by the FBI to unlock his cellphone using his thumbprint. The D.C. Circuit’s...more

Purpose Legal

What is the Chain of Suspicion?

Purpose Legal on

Understanding what is the chain of suspicion in a legal setting is extremely important, especially when it comes to a digital forensic examiner. The chain of custody is suspicion for things like criminal defense work,...more

Cimplifi

Going Mobile: Metadata Considerations with Mobile Device ESI

Cimplifi on

When it comes to discovery of mobile devices, it’s not just the data that’s important for discovery, but also the data about the data – the metadata – that can be used to authenticate evidence, to determine whether the data...more

U.S. Legal Support

Top Record Retrieval Trends in 2024

U.S. Legal Support on

While record retrieval may sound like a straightforward task, legal professionals know it’s a complex, time-consuming process involving multiple entities, layers of rules and regulations, and security concerns (which...more

Association of Certified E-Discovery...

[Webinar] From Chaos to Clarity: Tech-Savvy Strategies for Modern Litigation - October 1st, 10:00 am PDT

The intersection of litigation, investigations, and technology is becoming increasingly vital to the success of legal teams. As organizations face mounting pressures from data proliferation, complex regulatory landscapes, and...more

EDRM - Electronic Discovery Reference Model

Building a Unified Foundation for Digital Investigations in eDiscovery

The digital forensics landscape in the private sector is witnessing a metamorphosis. The relentless growth and diversification of data necessitates a paradigm shift in how organizations approach investigations. Fragmented...more

EDRM - Electronic Discovery Reference Model

Optimizing the Remote Reach: Strategies for Secure and Efficient Data Collection

The digital revolution has irrevocably transformed the way we conduct business, and investigations are no exception. The surge in remote work models has rendered traditional on-site data collection methods increasingly...more

EDRM - Electronic Discovery Reference Model

Push Notifications: The Latest Law Enforcement Evidence Source and Data Privacy Battleground

Hat tip to Debbie Reynolds for the heads up on this story! More than 130 petitions seeking access to push notification metadata have been filed in US courts, according to a Washington Post investigation also reported on...more

EDRM - Electronic Discovery Reference Model

Disputes, Investigations and Emerging Data Sources

Throw the first stone who never started a WhatsApp conversation, switched to Instagram and continued the chat via direct message on LinkedIn. At the corporate level, the same logic applies: an email exchange can continue in...more

EDRM - Electronic Discovery Reference Model

February’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published February 15, 2023 and EDRM is grateful to Robert Keeling, Chair of the EDRM Global Advisory Council and our Trusted Partner, Sidley, for permission to republish.] This Sidley...more

BakerHostetler

For California Electronic and Computing Services Companies, New Processes Required Before Responding to Warrants, Subpoenas and...

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In response to the Dobbs decision, California enacted legislation intended to enhance data privacy and block record requests by other states concerning alleged abortion-related offenses that are lawful in California. In...more

EDRM - Electronic Discovery Reference Model

The Right to Privacy in Modern Discovery: a review of another great law review article – Part 3

This is the conclusion of the blog, The Right to Privacy in Modern Discovery: a review of another great law review article. See here for Part 1 and Part 2. This blog series considers the interplay between privacy and civil...more

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