Data Law Insights

Data Law Insights

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

Jeane A. Thomas

Jeane A. Thomas

Jeane A. Thomas is co-chair of the firm’s E-Discovery & Information Management Group and a partner in Crowell & Moring’s Antitrust Group. In her role with the E-Discovery practice, Ms. Thomas has managed many types of E-Discovery matters in both government investigations and private litigation. She regularly counsels clients on Litigation Readiness Planning, including the development and application of effective information management policies and legal hold practices, as well as E-Discovery response plans. Ms. Thomas is a participating member of The Sedona Conference Working Group 1 on Electronic Document Retention and Production and Working Group 6 on International Electronic Information Management, Discovery and Disclosure, and co-chairs Working Group 1’s Healthcare Team. She is also a member of the Advisory Board and Faculty of the Georgetown University Law Center Advanced Institute for E-Discovery. She regularly speaks and writes on U.S. and transnational E-Discovery issues.

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EU Member States to Investigate EU-U.S. Transfers That Rely Solely on Invalidated Safe Harbor: Starting Now

Posted in Cybersecurity / Data Security, Government Agencies, Privacy, Sanctions
Certain European Union (EU) Member States’ data protection authorities (DPAs) have already started to announce investigations and or “prudential measures” for data transfers solely relying on the invalidated “U.S.-EU Safe Harbor Framework” (Safe Harbor). In the aftermath of the announcement of the “EU-U.S. Privacy Shield” (Privacy Shield), the Article 29 Working Party (WP29), comprised of… 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

Information Governance Takes Center Stage

Posted in Cybersecurity / Data Security, Information Management, Privacy
Information Governance” has become a popular buzzword in the data law and management space, and it means much more than electronic records management on steroids. It encompasses data security, privacy, information management and e-discovery, and particularly the intersection and synergy of these functions to form an integrated and coordinated approach to managing an organization’s data… Continue Reading

Crowell & Moring Releases “Data Law Trends & Developments” and Announces Expanded “Data Law Insights” Blog

Posted in Accessibility, Admissibility, Cloud Computing, Cooperation/Meet & Confer, Criminal Law, Cybersecurity / Data Security, Data Breach, Ethics, Government Agencies, Government Contracting, Government Regulations & FISMA, Information Management, Preservation, Privacy, Privilege/Rule 502, Proportionality, Public Sectors, Rules, Sanctions, Social Media, Spoliation, Technology Assisted Review, Transnational Discovery
We are pleased to announce the publication of a report titled “Data Law Trends & Developments: E-Discovery, Privacy, Cyber-Security & Information Governance.” The report explores recent trends and anticipated future developments on critical issues related to the intersection of technology and the law, which affect a wide range of companies and industries. In addition, the… Continue Reading

Kansas Federal District Court Revamps ESI Guidelines To Address Developments in E-Discovery Case Law, TAR and Social Media Evidence

Posted in Cooperation/Meet & Confer, Preservation, Rules, Social Media, Spoliation, Technology Assisted Review
Earlier this month, the U.S. District Court for the District of Kansas “substantially revised its ESI guidelines to address that particularly critical and rapidly evolving subject.” As part of an ongoing effort to adapt its local rules and guidelines to ensure “that civil litigation actually is handled in the ‘just, speedy, and inexpensive’ manner contemplated… Continue Reading

Judge Grewal Takes a Reasonable Approach to Defining the Scope of the Duty to Preserve

Posted in Preservation, Sanctions, Spoliation
It can be difficult to identify the point at which the duty to preserve relevant information for litigation is triggered. What is often more difficult, however, is defining the scope of what must be preserved after the duty has been triggered. Given the vast (and growing) volume of electronically stored information (ESI) typically maintained, organizations… Continue Reading

ITC Issues Final Rules on E-Discovery, Including Specific Limitations on Production of ESI, and Mechanism for Addressing Inadvertent Disclosure of Privileged Documents

Posted in Accessibility, Government Agencies, Privilege/Rule 502, Proportionality, Rules
More than seven months after the International Trade Commission proposed changes to its procedural rules relating to e-discovery “in order to increase the efficiency of its section 337 investigations” and “to address concerns that have arisen about the scope of discovery in Commission proceedings,” on May 21, 2013 the Commission issued final rules adopting the… Continue Reading

When Should Discovery-Related Sanctions Be Imposed on Parties, Inside Counsel and/or Outside Counsel?

Posted in Preservation, Sanctions, Spoliation
We all know that discovery is never perfect, particularly when it involves the collection, review and production of large volumes of electronically stored information. But when is discovery good enough? And what standards should govern when one party challenges another party’s production as deficient? These are extremely difficult issues for courts to resolve and, not… Continue Reading

Federal Court and Agency E-Discovery Rules and Guidelines

Posted in Government Agencies, Rules
With the increased importance of e-discovery in litigation and investigations, many federal district courts and government agencies have enacted specific rules, forms, or other guidance addressing the discovery of electronically stored information (ESI) and governing the conduct of practitioners as it relates to ESI. To help you keep informed of these rules, regulations, and guidelines… Continue Reading

Predictive Coding: How Much Transparency and Cooperation Is Required When Using Technology Assisted Review In Litigation?

Posted in Cooperation/Meet & Confer, Information Management, Proportionality, Technology Assisted Review
2012 was a milestone year for Technology-Assisted Review (TAR), featuring the first judicial opinions expressly supporting its use by producing parties in litigation. Naturally, there has been a lot of excitement among vendors and e-discovery lawyers. But, despite these historic decisions, there remains little case law addressing how a producing party can use TAR and… Continue Reading

Spoliation in Civil Litigation Charged as Criminal Obstruction of Justice

Posted in Criminal Law, Rules, Sanctions, Spoliation
While spoliation sanctions are increasingly common in civil litigation, it is rare for such conduct to be charged as criminal obstruction of justice. But in an indictment unveiled last week, the Department of Justice did just that. In a trade secrets theft case, DOJ charged the defendant, Kolon Industries, Inc., with obstruction of justice, in… Continue Reading

ITC Publishes Proposed Rules to Limit E-Discovery and Address Privilege Issues

Posted in Government Agencies, Privilege/Rule 502, Rules
On October 5, 2012, the U.S. International Trade Commission (ITC) published proposed amendments to its rules of procedure that would limit e-discovery and provide guidance regarding the assertion of privilege claims in Section 337 proceedings. The goal of the proposed amendments “is to reduce expensive, inefficient, unjustified, or unnecessary discovery practices in agency proceedings while… Continue Reading

FTC Finalizes Changes to Rules Governing Investigatory Procedures, Primarily to Address Issues Regarding Electronically Stored Information

Posted in Cooperation/Meet & Confer, Ethics, Government Agencies, Government Regulations & FISMA, Preservation, Privilege/Rule 502, Public Sectors, Rules
On September 27, 2012, the Federal Trade Commission published final revisions to the Commission’s Rules of Practice governing its investigatory process (16 CFR Part 2) and attorney discipline (16 CFR Part 4). Spurred in large part by the challenges posed by discovery of electronically stored information, the Commission explained that the final rules will “update… Continue Reading

Federal Court Imposes Broad Preservation Obligation Regarding Potential Class Members in FLSA Action

Posted in Preservation
In a ruling that could have a widespread impact on the employment law landscape, the U.S. District Court for the Southern District of New York recently ruled that KPMG LLP, defendant in a suit alleging FLSA and NY state class action claims, is required to preserve electronically stored information relating to all potential plaintiffs, at… Continue Reading

FTC Proposes Changes to Rules Governing Investigatory Procedures, Primarily to Address Issues Regarding Electronically Stored Information

Posted in Cooperation/Meet & Confer, Ethics, Government Agencies, Preservation, Privilege/Rule 502, Public Sectors, Rules
On January 13, 2012, the Federal Trade Commission announced a number of proposed changes to Parts 2 and 4 of the Commission’s Rules of Practice governing its investigatory process, “[e]specially in response to growing reliance upon and use of electronic media in document discovery.”  Given the challenges posed by the routine discovery of large, non-uniform,… Continue Reading