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Electronically Stored Information Privacy Concerns

Cimplifi

Going Mobile: Traditional Challenges Associated with Mobile Device Collection

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Collecting data from mobile devices presents unique challenges that legal teams can’t afford to overlook. From rapidly evolving technology to privacy concerns, navigating mobile collections requires a thoughtful, defensible...more

Array

This Week in eDiscovery: Smartwatch Data in Personal Injury Litigation | No Evidence, No New Search Terms

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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 April 20-26. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Afraid of AI? Learn the Seven Cardinal Dangers and How to Stay Safe

If you’re afraid of artificial intelligence, you’re not alone, and you’re not wrong to be cautious. AI is no longer science fiction. It’s embedded in the apps we use, the decisions that affect our lives, and the tools...more

EDRM - Electronic Discovery Reference Model

“It Ends With Us”

In Lively v. Wayfarer Studios LLC, 2025 WL 662896 (S.D.N.Y. Feb. 28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the “Wayfarer Parties”) by Ms. Blake...more

EDRM - Electronic Discovery Reference Model

The Right to Privacy in Modern Discovery: a review of another great law review article – Part 1

Summary and analysis of Professor Allyson Stuart’s much needed law review article on privacy in ediscovery in civil litigation. The article is supplemented with an interview of Professor Stuart on ediscovery and privacy...more

HaystackID

[Webcast Transcript] Remote Security for Distributed Workforces: Review Challenges and Considerations

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Editor’s Note: On March 17, 2021, HaystackID shared an educational webcast designed to inform and update legal and data discovery professionals on how organizations are preparing and responding to increasing security and...more

Kelley Drye & Warren LLP

Videoconferencing and Potential Security, Confidentiality and Discovery Issues

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With most employees working remotely amidst the COVID-19 pandemic, the use of videoconferencing platforms like Zoom, Microsoft Teams, Skype, WebEx, GoTo, Ring, and BlueJeans in everyday business has risen dramatically. ...more

Reveal

Why Legal Departments Need a Tech Translator for Privacy, Compliance & eDiscovery

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There is no denying that communication (or the lack thereof) can be an obstacle when it comes to reaching objectives. For a global organization this can mean the literal languages between stakeholders in different countries,...more

White & Case LLP

Data Sharing Without Borders

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UK law enforcement can now obtain an order against a person in or operating in the US for the production of or access to electronic data under a new ‘landmark’ US-UK data sharing agreement. The agreement has been heralded...more

Society of Corporate Compliance and Ethics...

US signs CLOUD Act agreements with Australia and the United Kingdom

CEP Magazine, December 2019 - The US forged two agreements in the span of a week regarding the sharing of electronic data for law enforcement purposes with the governments of Australia and the UK. The agreements help each...more

Foley & Lardner LLP

Text Messages, EDiscovery, and the New Threat to Privacy

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Maybe some of you will look at the title of this article, smirk, and dismissively mutter that there is nothing new about text messages. eDiscovery practitioners also may think there is nothing revolutionary about considering...more

Reveal

Should Mobile Devices be Imaged for eDiscovery? Recent Case Law Provides Insight

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Deciding whether mobile devices should be imaged can be difficult when it comes to eDiscovery. They contain a large variety of file-types and data intermingled with a lot of private information, which may be privileged....more

Reveal

Where Does eDiscovery Fit in the Facial Recognition Conversation?

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For most of us, the concept of facial recognition – like so much technology of the last decade – began as a sci-fi detail we accepted on the big screen but didn’t give much thought to in our day-to-day lives. Then one day,...more

Hanzo

Looking Back, Moving Forward: Hanzo's 2018 Review and 2019 Predictions

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With 2018 in the archives, Hanzo is starting off the new year with a look ahead to the trends and challenges we believe will define the compliance and eDiscovery landscape in 2019, and a look back at the year that was at...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Self-Driving Grocery Delivery Cars Present Interesting Data Security Questions

According to the Associated Press, Ford Motor Company and Walmart, Inc. have joined forces along with Postmates to test self-driving vehicles for a grocery delivery service. The tests are expected to take place in...more

Foley & Lardner LLP

The CLOUD Act's Dramatic Impact on International Privacy Laws

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Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings,...more

Mitratech Holdings, Inc

Take Charge of G** D@m% Protection Regulation (GDPR) with Legal Workflow Automation

GDPR. It’s all over the news. G** D@m% PR. Nearly everyone’s flustered by it. And, if you’re not already sick of hearing about it, your company’s probably still scrambling to duct-tape together a last minute patch to comply...more

Perkins Coie

Offer Wi-Fi or Internet Service to Customers? These Are Your New Legal Obligations

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It would be unusual these days to find a hotel, coffee shop, cruise line or airline that doesn’t offer some form of internet access to its customers. It’s unlikely, however, that those businesses have had occasion to give...more

Patterson Belknap Webb & Tyler LLP

Government Urges High Court to Moot Microsoft Email Case

We’ve written several times about the landmark dispute between the U.S. government and Microsoft Corp. over access to a customer’s emails stored in Ireland. Now, a month after the U.S. Supreme Court heard oral argument on the...more

Bracewell LLP

CLOUD Act Aims for Clear Skies: Bipartisan CLOUD Act Seeks to Clarify Law Enforcement Access to Overseas Data

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In October 2017, the Supreme Court granted the Department of Justice’s petition to review the Second Circuit’s decision that limits the reach of warrants issued under the Stored Communications Act (“SCA”). Specifically, the...more

Patterson Belknap Webb & Tyler LLP

Google Puts Its SCA Warrant Appeal on Hold as High Court Prepares to Hear Microsoft Case

The fight over the privacy of electronic communications and the government’s ability to reach emails stored abroad in criminal investigations has finally moved to the U.S. Supreme Court. ...more

Proskauer - Minding Your Business

Privacy vs. Security: Will SCOTUS Leave the (Third) Party in 2018?

If the government obtains information about your past locations from your wireless provider, is that a search? If so, is it a search that requires the government to obtain a warrant? Courts have held that, because companies...more

Patterson Belknap Webb & Tyler LLP

Court Rejects DOJ’s Depiction of Google as “Willful and Contemptuous” Tactics in Ongoing Battle over SCA Search Warrant

A federal judge in California has agreed to hold Google in contempt for not following his order to turn over data stored overseas. The order is largely symbolic, however, since a contempt order is required for Google to...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2017

The eighth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2017 #3

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Security researchers this week have found a new vulnerability that affects Wi-Fi Protected Access II, also known as WPA2, which is the security protocol used by many wireless networks. The vulnerability, Key Reinstallation...more

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