News & Analysis as of

Electronically Stored Information Department of Justice (DOJ)

EDRM - Electronic Discovery Reference Model

HSR Filings Fall Sharply in March 2025, Lowest Monthly Total Since Early Pandemic

ComplexDiscovery Editor’s Note: The March 2025 Hart-Scott-Rodino (HSR) filings dropped to 89 transactions, marking the lowest monthly total since the early months of the COVID-19 pandemic in April and May 2020. This...more

EDRM - Electronic Discovery Reference Model

Creating a Compelling Argument in the BP Trial: Government Plaintiffs’ Closing

Our exploration of generative AI in trial preparation has demonstrated how Large Language Models can analyze complex materials to generate sophisticated closing arguments. We began by showing how to overcome traditional LLM...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

TransPerfect Legal

Practical Measures to Streamline HSR Filings Under the Revised Premerger Notification Form and Associated Rules

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On October 10, 2024, the Federal Trade Commission (“FTC”) published new and expansive regulations for filing notifications under the Hart Scott Rodino (“HSR”) Act. Among other things, HSR notifications now require the...more

BakerHostetler

Deeper Dive: Preserving Ephemeral Messaging - Capture Data Before Its Ghosts Haunt Your Compliance

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Organizations whose mantra is “We just never delete anything” (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our...more

TransPerfect Legal

Three Ways Technology Relieves the Pressure from Expanding Whistleblower Regulations

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On August 1, 2024, the US Department of Justice (DOJ) released the Corporate Whistleblower Awareness Pilot Program to incentivize whistleblowers to report corporate misconduct and, in turn, force organizations to strengthen...more

EDRM - Electronic Discovery Reference Model

July 2024 HSR Transactions: What GDP Growth and Economic Trends Mean for eDiscovery

ComplexDiscovery’s Editor’s Note: This article provides a detailed analysis of the July 2024 HSR transaction data and key economic indicators, emphasizing their impact on the eDiscovery sector. It explores the implications of...more

Array

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

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

EDRM - Electronic Discovery Reference Model

June’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published June 18, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Husch Blackwell LLP

What to Learn From DOJ’s First Telehealth-Prescribed Controlled Substances Case

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On June 13, 2024, the Justice Department announced arrests in what it called the nation’s first criminal case against digital health company executives over allegations that those executives caused illegal prescriptions for...more

Lighthouse

Emerging Trends in Second Requests

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From increasing regulatory scrutiny to the best way to handle modern attachments, experts share their insights, best practices, and projections to help organizations and law firms prepare for upcoming Second Requests....more

Epiq

Final HSR Filing Requirements Are Coming Soon: The Significant Data Implications

Epiq on

The wait for the final version of the revised Hart-Scott-Rodino (HSR) Filing Requirements is drawing to an end. At the ABA Antitrust Spring Meeting in Washington last week, Andrew Forman, a deputy assistant attorney general...more

Lighthouse

Four Traits of an Innovative eDiscovery Project Manager for Law Firms

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Law firms support a variety of clients with a wide-ranging suite of matters, making it increasingly difficult to roll out a “one size fits all” project management solution. Law firms with their own mature Discovery practice...more

Reveal

[Webinar] No longer amateur hour: The new normal of data preservation - April 24th, 1:00 pm - 2:00 pm ET

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Join us for a comprehensive discussion led by distinguished speakers, including U.S. SEC Senior Counsel and Senior Managing Director at FTI Consulting, as they shed light on navigating the intricate landscape of data...more

Integreon

Blueprint for Successful Second Request Document Review

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The question, “Have you worked on a second request?” is often met by a sigh or a knowing glance and accompanied by a story that shows herculean strength or the agony of defeat. Or both. Because of the sheer number of...more

Troutman Pepper Locke

Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

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Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more

Mayer Brown

New FTC and DOJ Antitrust Division Document Preservation Guidance Takes Aim At Collaboration Tools and Messaging Platforms

Mayer Brown on

The FTC and DOJ’s Antitrust Division recently announced that they are updating their guidance regarding how parties in enforcement and investigative matters must preserve electronically stored information (“ESI”) from...more

EDRM - Electronic Discovery Reference Model

December’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 21, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

A&O Shearman

Overcoming eDiscovery-Related Chat Data Challenges Part 5 review and disclosure

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In this fifth and final post in our blog series addressing challenges related to the discovery of chat data, our eDiscovery experts continue providing practical advice for businesses when encountering chat data in...more

Husch Blackwell LLP

Avoiding the False Claims Act with Good Cyber Practices

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Since 2021, the Department of Justice (DOJ) has been increasingly focused on adjudicating False Claims Act (FCA) matters for deficient cybersecurity practices. As the government increases scrutiny of data privacy and...more

TransPerfect Legal

The Past, Present, and Future of Timing Agreements

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During TransPerfect Legal’s third annual Antitrust Clearance and Merger Enforcement conference, a panel of expert antitrust attorneys shed light on the evolving landscape of timing agreements during the second request...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

TransPerfect Legal

Chatting without Penalty: The Evolving Role of Instant Messaging in Legal Matters

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I. The Phenomenon of Instant Messaging- Evolution and Proliferation- From basic platforms like IRC and AIM to globally dominant apps such as WhatsApp and Telegram, instant messaging (IM) has witnessed a radical...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

Array

Does Your Litigation Hold Strategy Account for Remote Workers?

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Google recently got in hot water over employees’ cavalier attitudes toward a litigation hold. The tech giant took a largely hands-off approach to preserving internal chats needed for discovery in a lawsuit. Google employees...more

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