Information Management

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The Federal Trade Commission (FTC) has been at it again, settling on December 31, 2014 with Snapchat over privacy and data security concerns stemming from its text and video mobile messaging services. The settlement is instructive for gauging the FTC’s enforcement priorities and illustrates the steep costs a company can face when the FTC alleges the company has engaged in deceptive or unfair trade practices.
Continue Reading Snapchat Settlement Highlights Continued FTC Scrutiny of Privacy and Security Representations

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…

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…

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…

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…

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 report highlights key cases and issues to watch in 11 areas of data law, including: information governance, cybersecurity, social media, technology-assisted review, criminal law, regulatory, cooperation, privacy, cross border transfers, bring your own device (BYOD), and privilege.
Continue Reading Crowell & Moring Releases “Data Law Trends & Developments” and Announces Expanded “Data Law Insights” Blog

The Federal Trade Commission recently issued the findings of its long-awaited Data Brokers Report, which compiled information gathered from nine data brokers commissioned for the study in December 2012. The purpose of the Report, which examined data brokers catering to the product marketing, risk mitigation, and people search industries, is to advocate for greater transparency from data brokers themselves with the help of proposed legislation to regulate their actions.

The Report is the latest document introduced to support a growing trend towards transparency regarding data collection practices. The FTC has been advocating for improvements in this area since the 1990s, when it introduced the short-lived, self-regulated Individual References Services Group, and may finally have grounds for legislative action within the findings of the study. States are already taking notice: the California Senate has just passed a bill, SB 1348, which would require data brokers to provide a consumer opt-out function and allow consumer access to information. With regulation imminent and scrutiny focused on data brokers, it may be time to reevaluate the brokers you do business to ensure future compliance.
Continue Reading What to Know About Data Broker Legislation

The July 2000 Safe Harbor agreement between the United States and Europe concerning cross-border data flows is one of the key regulatory structures governing how organizations can collect, store, move, and use the massive amount of personal data generated in our interconnected world. Fourteen years after its inception, the agreement is under increasing strain from the rapid pace of technological innovation, high-profile breaches of consumer data, and the continued fallout from the Edward Snowden revelations. The EU and U.S. are in the process of updating the original agreement to reflect these new concerns. The implications for organization data operations and privacy policies could be significant, creating new regulatory structures and demanding new procedures and safeguards.
Continue Reading What You Should Know About the Changing U.S.-EU Safe Harbor Agreement

Emails often provide key evidence in conspiracy-related investigations and subsequent litigation. More recently, social media and text messages have provided additional evidence for such matters. In response, most companies have enacted policies to educate their employees about using these communication mediums. However, recent antitrust investigations and federal lawsuits in the financial services industry are utilizing electronic communications made via Bloomberg Terminal as key evidence. The reported Bloomberg chat evidence in these cases makes clear that companies should reassess whether their internal compliance policies and training need to be updated to mitigate the risk that Bloomberg Terminal evidence – and not just emails and social media content – could create legal liability for the company.
Continue Reading Bloomberg Terminal: How Financial Services Firms Need to Adapt to Regulators’ Favorite New Source of Electronic Evidence

I recently published an article for InsideCounsel addressing ways companies can reduce risk and costs in litigation. I advocate appropriate self-help.

Unfortunately, the courts, regulators, and legislators have not fully kept up with the extraordinary pace of technological developments, the proliferation of ESI, and the growing use of social media, cloud computing, and other ESI-related…