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Electronically Stored Information Compliance

EDRM - Electronic Discovery Reference Model

April 2025 HSR Rebound: Regulatory Shifts, Tariff Tensions, and M&A Impacts

Background Note: The Hart-Scott-Rodino (HSR) Act established the Premerger Notification Program, requiring certain mergers and acquisitions to be reported to the Federal Trade Commission (FTC) and the Department of Justice...more

Ankura

Authenticated E-Discovery: Utilizing Blockchain for Robust Security and Trust in Digital Evidence

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The digital age has transformed legal proceedings, making e-discovery a critical component of modern litigation and investigations. Maintaining the reliability and admissibility of digital evidence requires robust and...more

Cimplifi

Chess, Not Checkers: Data Collection Strategies in Complex Litigation

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Understanding data sources before complex litigation begins is essential to address the challenges associated with data preservation and collection. Complex cases often involve large volumes of data from a diverse set of...more

Array

This Week in eDiscovery: Rulings on Rules | Let’s Meet at Legalweek

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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 March 2-8. Here’s what’s...more

Ankura

Ensuring Data Security and Confidentiality During E-Discovery

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In the high-stakes world of legal due diligence, the security and confidentiality of sensitive information are paramount. With the increasing volume of electronically stored information (ESI) and the complexity of modern...more

Hanzo

The complexity of Jira and Confluence data in eDiscovery—and how to tackle it

Hanzo on

Atlassian’s Jira and Confluence are powerful tools for collaboration, project management, and team alignment. However, when it comes to preserving and collecting data for legal or compliance purposes, they introduce unique...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

Fuerst Ittleman David & Joseph

Florida Civil Litigation Update: Major changes to the rules of civil procedure have gone into effect. Practitioners must be aware...

January 1, 2025, marked a historic day for Florida civil litigation as the much-anticipated sweeping changes to the Florida Rules of Civil Procedure went into effect. These changes will fundamentally change how civil cases...more

Association of Certified E-Discovery...

Generative AI in Law: Understanding the Latest Professional Guidelines

The integration of artificial intelligence (“AI”) into legal practice is no longer a future prospect. It’s a reality that many attorneys are facing today. As law firms and legal departments begin to adopt AI tools to enhance...more

EDRM - Electronic Discovery Reference Model

eDiscovery Industry: 2024 M&A Highlights and 23-Year Retrospective of Growth and Market Trends

The eDiscovery industry in 2024 has proven to be another transformative year, with mergers, acquisitions, and investments driving significant shifts in the competitive and technological landscape. As the market matures,...more

Ankura

The Complexity of e-discovery at Breakneck Speeds: Navigating the Brave New World of Modern Data Growth

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In an era defined by rapid technological change, legal discovery has become more complex than ever before. What was once a straightforward process of retrieving and reviewing emails and documents has evolved into a...more

Array

This Week in eDiscovery: Survey on eDiscovery Growth | ‘Tis the Season for CLEs & More

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This week’s post covers the period of December 15-20. Here’s what’s happening....more

Ankura

Risk Assessment and Management: Streamlining Document Review in Due Diligence with e-discovery Tools

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In the realm of due diligence, identifying potential risks and liabilities early in the process is crucial for legal teams and their clients. This early identification can significantly impact the outcome of mergers,...more

EDRM - Electronic Discovery Reference Model

Implications of the €310 Million LinkedIn Fine for GDPR Compliance

ComplexDiscovery’s Editor’s Note: This recent €310 million fine imposed on LinkedIn by Ireland’s Data Protection Commission (DPC) marks a powerful moment in GDPR enforcement, underlining the regulatory rigor facing global...more

WilmerHale

The Impact and Future of the Fifth Circuit’s New Hard-Line Stance on Geofence Warrants

WilmerHale on

On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more

Epiq

Six Challenges When Collecting Social Media Artifacts for eDiscovery Litigation

Epiq on

Social media platforms are one of society’s primary communication channels, not just for personal interactions but also for business communications. Consequently, collecting social media artifacts for eDiscovery purposes is a...more

Array

This Week in eDiscovery: The Duty to Preserve Ephemeral App Data, Employee Compliance with Electronic Communication Rules

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 week of July 8-14. Here’s what’s...more

Association of Certified E-Discovery...

More Evidence that the Continued Use of General Objections Risks Waiver in eDiscovery

United States Magistrate Judge Sean Flynn’s recent decision in Byte Fed., Inc. v. Lux Vending LLC, is another in a long line of cases enforcing the 2015 amendments to the Federal Rules requiring specificity in objections to...more

BCLP

Regulators Impose Extraordinary Fine Amounts in Recent Off-Channel Communications Enforcement Actions

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The Securities and Exchange Commission (“SEC”) and the Financial Industry Regulatory Authority (“FINRA”) have, in two separate recent settled enforcement actions involving off-channel communications (“OCC”), imposed fine...more

EDRM - Electronic Discovery Reference Model

General Data Protection Regulation Guidelines

Parties that have possession, custody, or control of evidence potentially relevant to U.S. litigation or investigations are typically required to identify, collect, preserve, and produce such evidence (with limited...more

EDRM - Electronic Discovery Reference Model

Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark

As a former Florida trial lawyer and judge who appreciates emerging technology, I admit that I had more than a little concern when The Florida Bar announced it was working on a new ethics opinion on generative AI. Generative...more

EDRM - Electronic Discovery Reference Model

Are We Choking the Golden Goose? The Chilling Effect of Overbroad Rules and Ethics Opinions on the Use of Generative AI

Generative AI is powering an explosion of innovative public and private sector models, though this burgeoning industry remains in its infancy. GenAI products gained widespread notoriety and availability in one amazing year....more

Epiq

Blockchain Considerations for Litigation and Investigations

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More organizations continue to adopt blockchain technologies. According to Grand View Research, the global blockchain technology market value was estimated at 10.02 billion in 2022. Analysts forecast a compound annual growth...more

Thomas Fox - Compliance Evangelist

Assessing Communication Compliance: Ephemeral Messaging and Retention

I recently had the opportunity to visit with Alex Cotoia, Regulatory Manager, and Daniela Melendez, an Associate at The Volkov Law Group, on the importance of addressing electronic communications preservation and management...more

The Volkov Law Group

Google’s Failure to Preserve Electronic Communications — A Warning to Every Company of a New Reality Surrounding Electronic Data

The Volkov Law Group on

One thing you can count on — change.  Not that there is anything wrong with that, but not to be too dramatic, we are at the precipice of some significant technology trends that will have a profound impact on corporate...more

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