Data Law Insights

Data Law Insights

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

Category Archives: Accessibility

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Privacy & Cybersecurity Weekly News Update – Week of July 17

Posted in Accessibility, Criminal Law, Cybersecurity / Data Security, Privacy
DOJ Proposes Workaround to Microsoft Ruling; United States Joins Irish Facebook Case; St. Louis Cardinals Scouting Director Sentenced to 46 Months; EU’s Advocate General Okays National Data Retention Laws; Data Protection Authority of Hamburg Becomes “Completely Independent”; 9th Circuit Suggests Password Sharing is a Federal Crime DOJ Seeks Legislative Circumvention of 2nd Circuit’s Microsoft Ruling… Continue Reading

2nd Circuit: Government Cannot Force Companies to Hand Over Communications Data Stored Overseas

Posted in Accessibility, Criminal Law, Government Agencies, Information Management, Privacy, Transnational Discovery
The Second Circuit today issued a much-anticipated ruling holding that U.S. firms are not required to turn over user data stored overseas, even in the face of a government warrant.  This decision arose from Microsoft’s December 2014 appeal of a civil contempt ruling against the tech giant for refusing to turn over the personal data… Continue Reading

Digital Privacy and E-Discovery in Government Investigations and Criminal Litigation

Posted in Accessibility, Cloud Computing, Cooperation/Meet & Confer, Criminal Law, Cybersecurity / Data Security, Ethics, Government Agencies, Information Management, Preservation, Privacy, Privilege/Rule 502, Public Sectors, Rules, Sanctions, Social Media, Spoliation
In conjunction with the 2015 American Bar Association annual State of Criminal Justice publication, Louisa Marion and I have published a new chapter on “Digital Privacy and E-Discovery in Government Investigations and Criminal Litigation.” The article provides an in-depth look at many of the current and cutting edge issues raised by digital privacy and e-discovery… Continue Reading

BYOD Devices Create Many Challenges for Companies

Posted in Accessibility, Cloud Computing, Cybersecurity / Data Security, Data Breach, Information Management, Preservation, Social Media, Spoliation
In just the last few years, most companies – big and small – have embraced the Bring Your Own Device (BYOD) movement at varying levels from allowing employees to access company email on their personal smartphones all the way to not issuing company-owned computers and instead having employees bring in their personal laptops to access… Continue Reading

Fresh Look at E-Discovery in Government Investigations and Criminal Litigation

Posted in Accessibility, Cloud Computing, Cooperation/Meet & Confer, Criminal Law, Cybersecurity / Data Security, Ethics, Government Agencies, Preservation, Privacy, Privilege/Rule 502, Public Sectors, Rules, Sanctions, Social Media, Spoliation
In conjunction with the 2014 American Bar Association annual State of Criminal Justice publication, Louisa Marion and I have published a new chapter on “E-Discovery in Government Investigations and Criminal Litigation.” The article provides an in-depth look at many of the current and cutting edge issues raised by e-discovery in this context, including the search… 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

To Be Or Not To Be Produced—That Is The Question

Posted in Accessibility, Admissibility, Cooperation/Meet & Confer, Privilege/Rule 502, Proportionality, Rules, Sanctions
In a recent article published in Law360, Beware of Conditional Reponses to Discovery, Gregory J. Leighton, Kevin C. May, and Andrew S. Fraker of Neal Gerber & Eisenberg LLP discuss the growing number of cases in which federal judges have scrutinized conditional discovery responses—responses that assert objections but state that documents will be produced “subject… Continue Reading

California State Bar Offers Guidance on Attorney’s Ethical Duties in Handling E-Discovery

Posted in Accessibility, Cloud Computing, Cooperation/Meet & Confer, Ethics, Preservation, Privilege/Rule 502, Proportionality, Rules, Sanctions, Social Media, Spoliation, Technology Assisted Review
The State Bar of California may soon deem an otherwise highly skilled attorney to be “incompetent” in the practice of law if he or she does not know the basic steps to take with respect to electronic discovery and does nothing to fill that gap in knowledge. On February 28, 2014, California’s State Bar Standing… Continue Reading

Shifting the Burden and Cost of Reviewing Voluminous ESI to Opposing Parties

Posted in Accessibility, Cooperation/Meet & Confer, Privilege/Rule 502, Proportionality, Rules
Document review often is the most expensive component of discovery in large, complex cases. Wouldn’t it be great if you could shift that cost to the party that requested the documents, along with the burden of performing the tedious, time-consuming review? Well, maybe you can. A federal magistrate judge in the N.D. Florida recently did… 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

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

Social Media at Trial — Bloomberg Video Interview

Posted in Accessibility, Cloud Computing, Criminal Law, Ethics, Government Agencies, Privacy, Social Media
Last week, I spoke with Bloomberg about the challenges associated with the use of social media in government investigations and criminal matters. The video, titled Confronting an Uncertain Frontier: The Role of Social Media at Trial is posted on Bloomberg’s E-discovery Resource Center.  In the interview, I discussed the widespread use of social media in government… Continue Reading