News & Analysis as of

Discovery Consent

Kilpatrick

TCPA class actions – unpublished Third Circuit decision illustrates use of consent defense to defeat predominance requirement for...

Kilpatrick on

Takeaway: Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 to address an increase in abusive and unwanted telemarketing practices. For the first few decades of the TCPA’s existence, courts construed the...more

Klein Moynihan Turco LLP

Act Quickly After Receiving a TCPA Subpoena

The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a...more

Minerva26

Requesting Cloud Data from Third Parties? Here’s What Every Litigator Needs to Know About the SCA

Minerva26 on

The way we communicate has changed dramatically in recent years, with businesses and individuals moving from traditional email to cloud-based collaboration platforms like Microsoft Teams, Slack, WhatsApp, Skype, and Telegram....more

EDRM - Electronic Discovery Reference Model

Is a Web Bug a Wiretap?

In Vita v. New England Baptist Hosp., __ Mass __, __ N.E.3d __, 2024 WL 4558621 (Mass. Oct. 24, 2024), the court held that the Massachusetts wiretap statute does not criminalize interception of web browsing and sale of the...more

EDRM - Electronic Discovery Reference Model

[Webinar] Data Risk & Resilience Part I - Privacy Fortified: Building a Strong Data Defense - September 5th, 1:00 pm - 2:00 pm ET

Join our enlightening webinar to explore the critical role of data discovery in constructing a comprehensive and accurate data inventory, essential for streamlining privacy compliance and enhancing data governance. In this...more

Esquire Deposition Solutions, LLC

Wisconsin Lawyers May (But Shouldn’t) Secretly Record Others

In an age when nearly everyone carries on their person a tiny recording device in the form of a smartphone, the question of whether it is lawful to surreptitiously record conversations with others comes up often. One never...more

Kilpatrick

PLAY IT AGAIN, SAM . . . BUT WAIT – WHAT IS HE PLAYING, AND WHO IS SAM?: Website Session Replay Software and Wiretapping

Kilpatrick on

The trend of class action cases alleging wiretap statute violations against website operators for the use of session replay software to collect information of website users, as our privacy team previously discussed here,...more

Fisher Phillips

AI Notetaking Tools Are All the Rage – But Should You Use Them? Employers Should Weigh These Risks First

Fisher Phillips on

Perhaps you’ve asked an employee to take notes during a Zoom meeting, but they complained the task is difficult to manage while collaborating with teammates. Maybe you intended to document everything that transpired during an...more

Lasher Holzapfel Sperry & Ebberson PLLC

Your AI Can Testify Against You: The AI Revolution Comes to the Court of Law

On February 2, 2023, Microsoft released a brand-new suite of features for its popular Microsoft Teams platform under the moniker “Microsoft Teams Premium.” One of the standout features of this premium service is “Intelligent...more

EDRM - Electronic Discovery Reference Model

[Webinar] eDiscovery Investigations in the Age of Remote Work - May 12th, 1:00 pm - 2:15 pm ET

The cost of eDiscovery investigations is steadily rising as the scope and volume of data that must be reviewed increases. In addition, the shift to a hybrid working model means employee’s devices aren’t always accessible and...more

Association of Certified E-Discovery...

An Update on International and Cross-Border Discovery

Parties in the US are allowed broad and liberal discovery of electronically stored information (ESI) relevant and proportional to the claims and defenses in a legal action. When a US-based litigant seeks ESI stored in other...more

McDermott Will & Schulte

[Event] CCPA Compliance: An Interactive Workshop - Multiple Dates/Locations, February 11th - 24th

Effective as of January 1, 2020, the California Consumer Privacy Act (CCPA) gives broad rights to people on their personal data in the custody of companies. This focus on data rights significantly raises the compliance burden...more

McDermott Will & Schulte

[Event] CCPA Compliance: An Interactive Workshop - Multiple Dates/Locations, Jan. 22nd - 30th

Effective as of January 1, 2020, the California Consumer Privacy Act (CCPA) gives broad rights to people on their personal data in the custody of companies. This focus on data rights significantly raises the compliance burden...more

McManis Faulkner

Discovery in International Litigation: Data Privacy and Best Practices for Global Organizations

McManis Faulkner on

In an increasingly global economy, it is only natural to see a rise in complex and high-stakes international lawsuits. As a result, cross-border discovery issues are now commonplace, a staple of international litigation. ...more

Carlton Fields

Federal Order Addresses California Restrictions on When Wireless Providers Can Produce Documents Responsive to Subpoenas

Carlton Fields on

A recent order from the U.S. District Court for the Northern District of Illinois affirms that California Public Utilities Code § 2891 applies to wireless telecommunications providers. The argument in that case focused on the...more

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