Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

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For GCs, Tech Can Separate Courtroom Winners And Losers

Posted in Litigation, Technology Assisted Review
“In-house attorneys should aggressively deploy the technology that’s all but taken for granted in legal operations to map out litigation strategies, and failing to do so increasingly means losing out to savvier adversaries, according to a report released Wednesday by Crowell & Moring LLP.” To read the full Law360 article, please click here.… Continue Reading

E-Discovery – AI: E-Discovery Gets Smarter

Posted in Cybersecurity / Data Security, Uncategorized
E-discovery does not sit still. To provide high-level service, practitioners necessarily deal with legal technology at the bleeding edge of development. This involves the embrace of nascent artificial intelligence (AI) in combination with other analytic tools and techniques to tackle increasingly challenging discovery projects. As ever-expanding volumes and sources of information strain the capacity of… Continue Reading

Welcome To Your New War Room. Take A Look At Our Litigation Forecast Cover Story To See How Companies Are Using Technology To Advance Litigation Case Strategy

Posted in Uncategorized
WELCOME TO YOUR NEW WAR ROOM. TAKE A LOOK AT OUR LITIGATION FORECAST COVER STORY TO SEE HOW COMPANIES ARE USING TECHNOLOGY TO ADVANCE LITIGATION CASE STRATEGY Crowell & Moring has issued its seventh-annual “Litigation Forecast 2019: What Corporate Counsel Need to Know for the Coming Year.”  The Forecast cover story, “Welcome to Your New… Continue Reading

Learn about how Regulation Will Shape Digital Transformation in Crowell & Moring’s 2018 Regulatory Forecast Cover Story: “Digital Transformation: The Sky’s The Limit”

Posted in Cybersecurity / Data Security, Litigation
Crowell & Moring has issued its “Regulatory Forecast 2018: What Corporate Counsel Need to Know for the Coming Year.” The Forecast cover story, “Digital Transformation: The Sky’s the Limit,” provides a look at how technology is helping companies soar to new heights and how regulation can help companies to succeed. It is clear digital technology… Continue Reading


Posted in Litigation
Crowell & Moring has issued its “Litigation Forecast 2018: What Corporate Counsel Need to Know for the Coming Year.”  The Forecast cover story, “Data, Data Everywhere,” takes an in-depth look at the opportunities and challenges general counsel face in navigating the Big Data revolution.  While data is a driver for innovation – with the development… Continue Reading

Crowell & Moring’s 2016 Litigation & Regulatory Forecasts: What Corporate Counsel Need to Know for the Coming Year

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Government Regulations & FISMA, Internet of Things, Privacy
Crowell & Moring LLP is pleased to release its “2016 Litigation & Regulatory Forecasts: What Corporate Counsel Need to Know for the Coming Year.” The reports examine the trends and developments that will impact corporations in the coming year—from the last year of the Obama administration to how corporate litigation strategy is transforming from the… Continue Reading

New Health Information Technology Legislation Amends HITECH

Posted in Privacy
Last week, members of the Senate HELP Committee issued a draft of upcoming bipartisan legislation on health information technology (health IT), including changes to the HITECH Act.  The legislation calls for a framework for governance of health information exchange and supplements patient access requirements under HITECH.  Other focus areas include information blocking, interoperability, and transparency… Continue Reading

C&M Cyber Attorneys Weigh In on Politico Survey

Posted in Cybersecurity / Data Security
Last week, Politico published the results of its recent survey “What keeps America’s computer experts up at night?”  Crowell & Moring’s Privacy & Cybersecurity Group Co-Chair Evan Wolff, as well as Senior Counsel Harvey Rishikof, both participated in the survey, which touched on issues ranging from cyber legislation to the potential for cyber attacks on… Continue Reading

Health Care Industry Emerging Legal Issues Webinar Series – Privacy & Cybersecurity: Evolving Risks and Liability Trends

Posted in Cybersecurity / Data Security, Internet of Things
Please join Crowell & Moring for the fourth in a series of webinars focused on key issues of importance to the health care industry on September 29, 2015 at 2 PM ET. With the size, severity, and complexity of cyber threats continuing to increase, health care companies are high risk targets due to the large… Continue Reading

Tough New Privacy Protections in California

Posted in Cybersecurity / Data Security, Data Breach, Information Management, Privacy
California Governor Jerry Brown has signed into law Assembly Bill 1710, which includes new personal information protections that affect all businesses that “own, license, or maintain personal information about Californians.” In what may be a sign of things to come for other jurisdictions, the new law includes the nation’s first mandatory state requirement for breached… Continue Reading

Court Restricts Cross-Litigation Discovery, Rejecting Perfection in Discovery including with Predictive Coding

Posted in Proportionality, Technology Assisted Review
In a Valentine’s Day order, Judge Denise Cote of the Southern District of New York ruled that the defendants in a set of complex mortgage-backed securities cases could not use documents obtained through discovery in related litigation in the Central District of California. This even included documents that purportedly should have been produced in the… Continue Reading

Repeated E-Discovery Failures Lead to $1 Million Sanctions

Posted in Preservation, Proportionality, Sanctions, Spoliation
Last month, in In Re Pradaxa (Dabigatran Extexilate) Products Liability Litigation, a federal judge in the Southern District of Illinois ordered the defendants in a multi-district litigation (MDL) product liability case to pay nearly $1 million in sanctions for repeated and bad faith discovery violations, primarily based on the defendants’ failure to adequately preserve electronic… Continue Reading

Virtual Currencies in the Crosshairs

Posted in Cybersecurity / Data Security, Government Agencies, Privacy
In the Fall issue of the American Bar Association’s Criminal Justice Magazine, I write about the recent developments in the regulation of virtual currencies. The Federal Government recently indicted several administrators of Liberty Reserve, a virtual currency, for money laundering. This appears to be only the beginning of heightened scrutiny for virtual currencies like Liberty… Continue Reading

Bring Your Own Device (BYOD) Policies Also Bring Risk And Cost

Posted in Accessibility, Admissibility, Cloud Computing, Cybersecurity / Data Security, Information Management, Preservation, Privacy, Sanctions, Social Media, Spoliation
On June 20, 2013, I participated in a one-hour webinar regarding “Bring Your Own Device” (or BYOD) policies. I addressed certain e-discovery issues involving BYOD policies. An audio recording and instructional slides are available here for those who missed it. The webinar was part of a monthly series entitled Third Thursday – Crowell & Moring’s… Continue Reading

Federal Judge Denies FBI Search Warrant For Insertion Of Spyware Onto Alleged Hacker’s Computer

Posted in Criminal Law, Cybersecurity / Data Security, Government Agencies, Privacy, Rules
U.S. Magistrate Judge Stephen Smith (S.D. Tex.) recently denied a Federal Bureau of Investigation application for a search warrant, in one of the first public rejections of an FBI request to use spyware. Earlier this year, an individual was the victim of a hacker (or hackers) who gained access to his email account, which was… Continue Reading

The 9th Circuit Takes a Step Toward Stronger Privacy Protections for Electronically Stored Data at the Border

Posted in Criminal Law, Government Agencies, Privacy, Transnational Discovery
Last week, the 9th Circuit issued a “watershed” en banc decision in United States v. Cotterman, restoring – at least to some degree – digital privacy at US borders.  In a controversial ruling causing a split with other Circuits, the 9th Circuit created limits on the government’s ability to search electronic devices at the border,… Continue Reading