Data Law Insights

Data Law Insights

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

Elizabeth A. Figueira

Subscribe to all posts by Elizabeth A. Figueira

U.S. Tax Court Approves Predictive Coding for Litigation Use

Posted in Technology Assisted Review
On September 17, the U.S. Tax Court in Dynamo Holdings Ltd. P’ship v. IRS, 143 T.C. No. 9 added itself to the growing list of courts that have approved the use of predictive coding in litigation. As we have previously noted, predictive coding or Technology Assisted Review (“TAR”) has increasingly been utilized in large scale… Continue Reading

Technology Assisted Review Finally Enters the Spotlight

Posted in Information Management, Technology Assisted Review
After early concerns about the defending the results of the technology and whether courts would accept its use, Technology Assisted Review (“TAR”) has now entered the spotlight as an alternative to more traditional forms of document review. These technologies, commonly referred to as predictive coding, continue to win over both clients and counsel, who have… Continue Reading

Report From Huron’s E-Discovery Advocacy Institute

Posted in Cooperation/Meet & Confer, Preservation, Proportionality, Rules, Sanctions, Technology Assisted Review
On October 1st, I attended an all-day series of presentations hosted by Huron Legal Institute and Sandpiper Legal LLP in New York, which included several leading federal jurists and well-regarded practitioners offering their insights. The event featured five hypothetical cases covering a range of topics, with attorneys appearing before one of more of the judges… Continue Reading

Reflection on Personal Jurisdiction in E-Communications

Posted in Cloud Computing, Information Management, Rules, Social Media
Earlier this month, I was a panelist on a webinar on Personal Jurisdiction From E-Communications: Social Media, Email, IM and Cloud Computing along with Mark McGrath of Sheppard Mullin. Our panel focused on the evolving landscape of personal jurisdiction in the online world starting with the advent of the internet to leading up to the… Continue Reading

Indiana Federal Judge Declines to Order Defendants to Re-Do Discovery Based on Keyword Searches Followed by Predictive Coding

Posted in Cooperation/Meet & Confer, Information Management, Proportionality, Rules
Ever since Magistrate Judge Peck’s decision last year in Da Silva Moore v. Publicis Groupe SA, 2012 WL 607412 (S.D.N.Y. Feb. 24, 2012), there has been an increasing stream of orders and opinions weighing in on the use (or proposed use) of predictive coding. With each opinion, a new wrinkle appears, further shaping how parties… Continue Reading

Upcoming Event: Personal Jurisdiction From E-Communications: Social Media, Websites, Email, IM and Cloud Computing

Posted in Cloud Computing, Information Management, Rules, Social Media
On June 12, I will be serving a speaker for a webinar hosted by Stafford Publishing entitled “Personal Jurisdiction From E-Communications: Social Media, Websites, Email, IM and Cloud Computing.” Here is what we will be discussing: The Internet has changed how courts view personal jurisdiction over defendants sued in a particular forum. Courts must now… Continue Reading

The Internet Flows Through…Virginia: Federal Prosecutors Use Server Location to Extend Their Reach

Posted in Cloud Computing, Criminal Law, Government Agencies, Transnational Discovery
If you are alleged to have bribed government agents outside the United States or pirated music and movies protected by the Copyright Act, then you may find yourself sitting in a federal court in Richmond, Virginia. Why? Various government agency servers are located in that court’s jurisdiction and evidence of your criminal activities may have… Continue Reading

Cloud Computing, Social Media, and Other Internet-Based Data Transmissions Could Give Rise to Personal Jurisdiction in Distant Forums

Posted in Cloud Computing, Rules, Social Media
The Second Circuit’s decision in MacDermid, Inc. v. Deiter, No. 11-5388-cv (2d Cir., Dec. 26, 2012), highlights the fact that where an email goes can be as important as what it says. The court found that an employee’s knowing transmission of an email via a computer server located in Connecticut was a sufficient basis for… Continue Reading