Our 2022 Data Security Incident Response Report discussed how businesses can be better positioned to meet the tight data breach notification deadlines now imposed in dozens of countries worldwide. In particular, we...more
7/15/2022
/ California Privacy Rights Act (CPRA) ,
Data Deletion ,
Data Management ,
Data Protection ,
Data Retention ,
Electronically Stored Information ,
General Data Protection Regulation (GDPR) ,
Legitimate Business Purpose ,
Personal Data ,
Regulatory Authority ,
Risk Mitigation
The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to...more
The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence. With the advent of cloud services and significant use by clients, e-discovery...more
The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose foreign-stored data sought by the U.S. government through domestic warrants....more
A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into...more
Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New...more
The scope of discovery may be more limited than you think. The Cole’s Wexford opinion provides a thorough dissection of the history and past iterations of Rule 26 and a clear explanation of the status of the current rule as...more