News & Analysis as of

Compliance Electronically Stored Information Discovery

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
EDRM - Electronic Discovery Reference Model

Navigating AI’s Twin Perils: The Rise of the Risk-Mitigation Officer

Generative AI is not just disrupting industries—it is redefining what it means to trust, govern, and be accountable in the digital age. At the forefront of this evolution stands a new, critical line of employment: AI...more

EDRM - Electronic Discovery Reference Model

GENIUS Act Signed Into Law: A Game Changer for Legal Discovery and Information Governance

ComplexDiscovery Editor’s Note: President Trump’s signing of the GENIUS Act sets a new course for professionals in eDiscovery, cybersecurity, and information governance. By formalizing federal oversight of...more

EDRM - Electronic Discovery Reference Model

Strategic Signals: May 2025 HSR Filings Reveal Steady M&A Amid Market Shifts

ComplexDiscovery Editor’s Note: Strategic transactions in the U.S. are holding steady, even as economic pressures mount. The latest Hart-Scott-Rodino (HSR) filing data through May 2025 reveals not a retreat, but a...more

EDRM - Electronic Discovery Reference Model

April 2025 HSR Rebound: Regulatory Shifts, Tariff Tensions, and M&A Impacts

Background Note: The Hart-Scott-Rodino (HSR) Act established the Premerger Notification Program, requiring certain mergers and acquisitions to be reported to the Federal Trade Commission (FTC) and the Department of Justice...more

Cimplifi

Chess, Not Checkers: Data Collection Strategies in Complex Litigation

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Understanding data sources before complex litigation begins is essential to address the challenges associated with data preservation and collection. Complex cases often involve large volumes of data from a diverse set of...more

Array

This Week in eDiscovery: Rulings on Rules | Let’s Meet at Legalweek

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of March 2-8. Here’s what’s...more

Hanzo

The complexity of Jira and Confluence data in eDiscovery—and how to tackle it

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Atlassian’s Jira and Confluence are powerful tools for collaboration, project management, and team alignment. However, when it comes to preserving and collecting data for legal or compliance purposes, they introduce unique...more

Fuerst Ittleman David & Joseph

Florida Civil Litigation Update: Major changes to the rules of civil procedure have gone into effect. Practitioners must be aware...

January 1, 2025, marked a historic day for Florida civil litigation as the much-anticipated sweeping changes to the Florida Rules of Civil Procedure went into effect. These changes will fundamentally change how civil cases...more

Association of Certified E-Discovery...

Generative AI in Law: Understanding the Latest Professional Guidelines

The integration of artificial intelligence (“AI”) into legal practice is no longer a future prospect. It’s a reality that many attorneys are facing today. As law firms and legal departments begin to adopt AI tools to enhance...more

EDRM - Electronic Discovery Reference Model

eDiscovery Industry: 2024 M&A Highlights and 23-Year Retrospective of Growth and Market Trends

The eDiscovery industry in 2024 has proven to be another transformative year, with mergers, acquisitions, and investments driving significant shifts in the competitive and technological landscape. As the market matures,...more

Array

This Week in eDiscovery: Survey on eDiscovery Growth | ‘Tis the Season for CLEs & More

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This week’s post covers the period of December 15-20. Here’s what’s happening....more

EDRM - Electronic Discovery Reference Model

Implications of the €310 Million LinkedIn Fine for GDPR Compliance

ComplexDiscovery’s Editor’s Note: This recent €310 million fine imposed on LinkedIn by Ireland’s Data Protection Commission (DPC) marks a powerful moment in GDPR enforcement, underlining the regulatory rigor facing global...more

Epiq

Six Challenges When Collecting Social Media Artifacts for eDiscovery Litigation

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Social media platforms are one of society’s primary communication channels, not just for personal interactions but also for business communications. Consequently, collecting social media artifacts for eDiscovery purposes is a...more

Association of Certified E-Discovery...

More Evidence that the Continued Use of General Objections Risks Waiver in eDiscovery

United States Magistrate Judge Sean Flynn’s recent decision in Byte Fed., Inc. v. Lux Vending LLC, is another in a long line of cases enforcing the 2015 amendments to the Federal Rules requiring specificity in objections to...more

EDRM - Electronic Discovery Reference Model

General Data Protection Regulation Guidelines

Parties that have possession, custody, or control of evidence potentially relevant to U.S. litigation or investigations are typically required to identify, collect, preserve, and produce such evidence (with limited...more

EDRM - Electronic Discovery Reference Model

Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark

As a former Florida trial lawyer and judge who appreciates emerging technology, I admit that I had more than a little concern when The Florida Bar announced it was working on a new ethics opinion on generative AI. Generative...more

EDRM - Electronic Discovery Reference Model

Are We Choking the Golden Goose? The Chilling Effect of Overbroad Rules and Ethics Opinions on the Use of Generative AI

Generative AI is powering an explosion of innovative public and private sector models, though this burgeoning industry remains in its infancy. GenAI products gained widespread notoriety and availability in one amazing year....more

Epiq

Blockchain Considerations for Litigation and Investigations

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More organizations continue to adopt blockchain technologies. According to Grand View Research, the global blockchain technology market value was estimated at 10.02 billion in 2022. Analysts forecast a compound annual growth...more

Womble Bond Dickinson

The 1, 2 Step of Data Retention

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Womble Bond Dickinson’s The Evolving Dance thought leadership series continued with a look at current challenges involving data retention and e-discovery. In particular, the session looked at employee use of personal devices...more

EDRM - Electronic Discovery Reference Model

3 Takeaways from a Survey of 800+ Chief Legal Officers for E-Discovery Professionals

Every year, Exterro partners with the Association of Corporate Counsel (ACC) to conduct an in-depth survey of chief legal officers and general counsel at large US-based and international businesses to better understand their...more

BakerHostetler

DOJ Corporate Criminal Enforcement Updates Shine a Spotlight on Texts and Instant Messaging Applications as Potential Evidence

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In September 2022, the U.S. Department of Justice (DOJ) issued a memo announcing revisions to the DOJ’s corporate criminal enforcement policies and practices....more

Epiq

Delete Data, Save the Environment

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Incorporating data deletion practices into information governance initiatives provides many operational and cost-saving benefits. Retention policies should address what type of data to keep, for how long, and which devices...more

Association of Certified E-Discovery...

[Webinar] How Lean Teams Can Increase Custodian Compliance With 5 Easy Tips - August 24th, 1:00 pm - 2:00 pm EDT

Tracking and maintaining a high custodian acceptance rate is imperative to the defensibility of your ediscovery process. For lean or other bandwidth-strapped legal teams, chasing down custodians can quickly become...more

Association of Certified E-Discovery...

[Webinar] Product Showcase: Mitigate Growing Data Risks with a Legal GRC Strategy - June 23rd, 1:00 pm - 2:00 pm EDT

According to the 2021 ACC CLO Survey, the top three risks troubling CLO's are: cybersecurity, compliance, and data privacy. All these risks have one thing in common - data. Legal teams must effectively and defensibly manage...more

Epiq

[Virtual Event] Executive Roundtable Series in Canada: Digital Transformation after COVID-19: Compliance, Security and the Cloud -...

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Please join Epiq and Microsoft Canada for an interactive roundtable discussion on the impact of digital transformation, compliance, data protection and Information Governance in Canada's Healthcare Sector. This 60-minute...more

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