News & Analysis as of

Privacy Laws Discovery

Esquire Deposition Solutions, LLC

Tech Titans Invoke, and Grow, Apex Deposition Doctrine

Plaintiffs’ attorneys often hope to put a famous face on the business end of lawsuits against corporate defendants. The sight of a celebrity from the business world answering uncomfortable questions creates courtroom drama...more

Redgrave LLP

Don’t Rush Past Relevance: Assessing the Discoverability of AI Prompts and Outputs

Redgrave LLP on

Much of the buzz about artificial intelligence (AI) in law has focused on its utility as a discovery tool rather than a potential source of discovery. While AI’s impact on discovery processes, such as reviewing and coding...more

Nextpoint, Inc.

Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack a court’s bold move in the Meta Pixel healthcare case – ordering the production of third-party cookie data tied to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules DOGE Can Access Social Security Data and Avoid FOIA - for Now

On June 6, 2025, the Supreme Court of the United States released two decisions on its emergency docket with serious implications for federal agencies, companies that do business with the government, and the data of millions...more

Array

This Week in eDiscovery: Motion for Tracking Cookies Crumbles

Array on

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 April 27-May 3. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

En Banc Fourth Circuit Geofence Decision is Splintered

In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more

Minerva26

How Do Cookies and the Meta Pixel Impact Discovery—and What Must Litigators Know to Handle Them?

Minerva26 on

Cookies and pixels used to track user data on the internet are quickly becoming a source of ESI that litigators need to understand and consider how to handle in discovery. In In re Meta Pixel Healthcare Litigation, plaintiffs...more

A&O Shearman

Medibank class action: navigating the legal privilege maze

A&O Shearman on

Concerns about claims of legal professional privilege over third-party investigation reports produced in the course of responding to cyberattacks, and the extent to which such reports can be shielded from disclosure in legal...more

EDRM - Electronic Discovery Reference Model

When AI Gets Personal: Legal Implications of Artificial Intimacy

ComplexDiscovery Editor’s Note: Emotional bonds with AI are no longer speculative—they’re shaping user behavior and redefining the risks legal professionals must address. This thoughtful exploration of artificial intimacy...more

EDRM - Electronic Discovery Reference Model

French Competition Authority Fines Apple €150 Million Over ATT Framework and Market Dominance

ComplexDiscovery Editor’s Note: Apple’s aggressive stance on privacy has earned both praise and penalty, most recently, a €150 million fine from the French Competition Authority. This significant enforcement action challenges...more

Minerva26

Generative AI in eDiscovery – The Legal Questions No One Saw Coming

Minerva26 on

Generative AI has been transforming the legal industry, assisting with everything from case law summarization to document review and legal research. But as its adoption accelerates, new legal questions are emerging: Should...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2025

Husch Blackwell LLP on

Keypoint: In this post: (1) How a privacy policy can defeat a plaintiff’s “delayed discovery” argument; (2) Two CA state courts reject plaintiffs’ allegations concerning personal jurisdiction; (3) Three courts dismiss PR/TT...more

Orrick, Herrington & Sutcliffe LLP

District court grants partial expedited discovery in case regarding sharing records with DOGE

On February 27, the U.S. District Court for the District of Columbia ruled that unions can depose DOGE in a case brought by a large labor union network, a think tank and two nonprofits against the Department of Labor (DOL),...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

Association of Certified E-Discovery...

[Event] eDiscovery Day - December 5th, Melbourne, Australia

Join us for a presentation and networking session to celebrate eDiscovery day. In keeping with managing complexity through eDiscovery, come and join ACEDS to hear about changes to the Australian Privacy landscape and what...more

Rumberger | Kirk

Third DCA on Cell Phone Discovery: Balancing Privacy Rights and Litigation Needs

Rumberger | Kirk on

Cell phones have now been around for decades.  Along the way, they have grown up, became “smart” and are now indispensable to daily life, offering limitless options to communicate, shop and entertain ourselves.  How prominent...more

EDRM - Electronic Discovery Reference Model

[Webinar] How Legal Must Mitigate Risk in Today's Dangerous and Changing Data Landscape - May 23rd, 1:00 pm - 2:00 pm ET

One of the biggest challenges facing in-house legal teams is the ever-changing data landscape. The amount of structured and unstructured data has exploded over the last five years making legal and privacy activities more...more

Epiq

Blockchain Considerations for Litigation and Investigations

Epiq on

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

Hanzo

[Webinar] The Evolving State of Data Privacy In America: Implications for eDiscovery - June 28th, 1:00 pm EDT

Hanzo on

In 2018, the GDPR established comprehensive data privacy laws in Europe, setting the standard for the rest of the world. Since then, the data privacy landscape in the U.S. has changed considerably in response to increasing...more

Association of Certified E-Discovery...

[Event] Panel: Intern onderzoek met eDiscovery in het tijdperk van data privacy - May 23rd, Rotterdam, Netherlands

De data volumes die organisaties genereren groeien met ongeëvenaarde snelheid. Bij interne onderzoeken leidt dit diverse vraagstukken voor wat betreft de naleving van privacywetgeving bij interne onderzoeken. Welke informatie...more

Epiq

How will the Metaverse Influence Business and Legal Processes?

Epiq on

The metaverse is the latest hot topic when it comes to predictions for the next iteration of the Internet. Several big tech and gaming companies are investing in this space to build it up. It should be a best practice for...more

Hanzo

Compliance With Data Privacy Laws: Are You Prepared for Data Requests That Implicate Slack?

Hanzo on

In the last few years, data privacy laws and regulations have been big news. Much of the coverage—including one of our recent blog posts—concerned website compliance. Companies scrambled to post notices and forms on their...more

Lighthouse

eDiscovery for Investigations: Different Goal, Different Approach.

Lighthouse on

Looking for key documents is a very different exercise than looking for responsive documents. Here’s why...more

Association of Certified E-Discovery...

[Webinar] E-Discovery Is Changing: Understanding the Impact of Legal GRC on E-Discovery - November 25th, 2:00 pm - 3:00 pm GMT

According to Exterro's recent 2020 Corporate Legal Leaders Report, 7-in-10 Legal Departments are now managing their data related problems by sharing technology to manage litigation, data privacy, compliance, and cybersecurity...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

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