1. New cybersecurity measures and requirements are introduced by the EU for companies.
2. Contractual provisions with the supply chain may need to be revised.
3. High penalties and liability for management, including personal liability.
Continue Reading The NIS2 Directive is on the Edge of Enforcement: What Now for EU/US Companies?The European Commission launched the formal process to adopt an adequacy decision for the EU-U.S. Data Privacy Framework on December 13, 2022. The framework will replace the Privacy Shield, which was invalidated by the Court of Justice of the European Union’s (“CJEU”) Schrems II ruling on July 16, 2020 (CJEU C-311/18, discussed in
On November 10, 2022 the European Parliament adopted a resolution on esports and video games. In this resolution the European Parliament calls on the Commission and the Council to acknowledge the value of the video game ecosystem as a major cultural and creative industry (“CCI”) with strong potential for further growth and innovation. The
The DOJ has long expressed concern about the impact of personal messaging – in particular of encrypted and ephemeral message apps – on its ability to effectively conduct investigations (and rely on the results of company investigations). Close on the heels of the well-publicized SEC enforcement sweeps of financial industry message retention practices, Deputy Attorney
When water cooler chatter became less common when the pandemic hit in 2020, chat platforms and text messages (IM) filled the gap. Collaboration tools like Zoom, Microsoft Teams, Slack, Bloomberg Chat and IM are now ubiquitous, with more than 67% of white-collar employees still “working from home to some degree.”[1] Indeed, a survey of IT managers reported that 91% of all companies now use at least two messaging apps.[2]
As more companies integrate these channels into their typical business practices, more and more legal matters will involve the review of chat message conversations. It is imperative that companies have processes and systems in place to control, retain, monitor, and review such business communications.
There are numerous challenges for business in reviewing chat data, including identifying and accessing chat platforms, handling ephemeral data, identifying participants (with various aliases or usernames), decoding the cryptic nature of some messages, coordinating the attachments and responses to those messages, and making sense of notices when parties enter or leave the conversation. People also often speak differently in a chat setting (more tersely, and using shorthand, emojis, slang, abbreviations, and images) than in other communication forms. Thus, external context may be even more essential to understand the nuances of the matter being discussed.Continue Reading From The Water Cooler to the DMs – Tips and Tricks for Efficiently Reviewing Chat Communications
The latest report in the In re Opioid litigations is a sharp reminder not to fall short in your disclosure obligations
When it rains it pours. The ongoing saga of disclosure disputes in the many In re Opioid litigations started a new chapter with the release of a Report (referenced below) by former Justice Maltese, acting as Referee in a New York state court Opioid case.
The Report, which sketches out a series of discovery mishaps and omissions stretching across multiple courts and cases, as well as some apparent sharp dealing by defense counsel, is a strong reminder to be thorough and exercise independent judgment in fulfilling discovery obligations. In particular in mega-litigations such as the In re Opioid matters, even the smallest discovery disputes may be weaponized. Plaintiffs are actively looking for opportunities to attack defendants for discovery irregularities, and often seeking the extreme sanctions when they do. Outside counsel for defendants are not out of the line of fire. Here, because the defendant resolved the underlying case before the Report was released, Justice Maltese’s hammer largely fell on defense counsel for counsel’s, client’s and discovery vendor’s mistakes leading to the belated production of relevant interview notes, and what the court viewed as related gamesmanship.
The Report (at 18-19) briefly discusses the aggrieving conduct, finding thatContinue Reading Don’t fall short in your disclosure obligations: In re Opioid litigations.
As the use of collaboration and cloud storage platforms expand, litigants and courts are facing increased challenges in keeping up with e-discovery requirements created with different technologies in mind. One example involves the discovery obligations associated with files referenced in email only by hyperlink. Should a litigant be required to find and produce that referenced document as if it were an attachment? What if that is very hard to do? What if the file has moved or changed in the interim? The Southern District of New York recently addressed these issues and held that – for a host of practical and technical reasons – such hyperlinked documents should not “necessarily” invoke obligations to collect and produce the referenced document.
Continue Reading Court Finds Hyperlinked Documents Are Not Attachments for Production Purposes
Please join us for an investigations-focused webinar series where our team of litigators, former prosecutors, and regulatory attorneys will discuss useful strategies for navigating a government probe or ensuring compliance with regulations and corporate policies. Our presenters will provide companies with critical information for navigating commercial risk and enforcement. This webinar series covers broad-reaching investigations
The new year has brought one of the most comprehensive court decisions yet reminding attorneys in no uncertain terms of the rules mandating fundamental competency in the treatment of electronically stored information (“ESI”). Falling short may get both lawyers and clients sanctioned.
In January 2021, U.S. District Judge Iain Johnston issued his opinion in DR Distributors, LLC v. 21 Century Smoking, Inc. (N.D. Ill. No. 12 CV 50324) coming down hard on defense counsel for failing to possess the skills and diligence necessary to competently meet their ESI discovery obligations. In a detailed opinion that is well worth reading (if you have an hour or two), the court recounts the many e-discovery “missteps, misdeeds, and misrepresentations” both of client and counsel that culminated in the issuance of harsh evidentiary and cost-shifting sanctions on each.Continue Reading Off the edge of the E-Discovery map, there be monsters! Federal court issues epic opinion sanctioning counsel for failure to show competence and diligence in meeting ESI discovery obligations.
Crowell & Moring’s E-Discovery and Information Management (EDIM) group is pleased to announce the introduction of “CMD,” an integrated E‐Discovery solution. CMD provides access to cutting-edge analytics, processing and hosting technology, AI-driven workflows combined with our Chambers-rated legal advocacy, consulting, review and professional services to accelerate and improve data analysis.
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